Get Legal Help With a Medical Malpractice Issue

If you have suffered a personal injury due to negligent medical treatment from a healthcare provider, you know how traumatic the experience can be.

Victims of medical malpractice are often in a weakened physical and mental state, making it difficult for them to assess their situation clearly. Patients who have experienced medical negligence may be able to file a medical malpractice claim against their doctor or hospital.

Medical malpractice claims are complex, but an experienced medical malpractice attorney can guide you. If you or a loved one experienced an illness or injury due to a health care provider, you should contact an attorney as soon as possible to explore your potential claim.

When To Get Legal Help

Medical negligence occurs when a medical professional breaches their duty of care owed to the patient and the injured patient suffers harm as a result. In other words, a doctor fails to meet basic standards to protect their patient. This error causes a serious injury.

The harm a doctor can cause usually falls into one of these categories:

• Misdiagnosis or a delayed diagnosis
• Medication errors
• Surgical errors
• Birth injuries
• Wrongful death

If this description sounds like what may have happened to you, speak with a lawyer. They can help you decide whether starting a legal claim might be worth it for you.

Most medical malpractice lawyers offer free consultations to give this initial legal advice at no cost. Many of them also take cases on a contingency fee basis, which means they will not charge attorney fees unless they win your case. These benefits make it easier to get legal help quickly because time matters in medical malpractice cases. 

How a Medical Malpractice Attorney Can Help

Even if you are unsure if your injury was the result of medical malpractice, you should speak with an attorney who can help you assess your situation and explain your legal rights. A lawyer will be able to determine if the doctor used the proper accepted standards during your treatment.

You may have a medical malpractice claim if a healthcare professional caused an injury due to:

• Failed or erroneous diagnosis or treatment
• Gross negligence
• Lack of informed consent
• Unauthorized treatment
• Breach of doctor-patient confidentiality
• Abuse in a nursing home

Your rights are governed by the state you live in or the state where you were injured. An experienced attorney can determine which law applies.

As a victim of medical malpractice, you have the right to take legal action against any and all parties that are responsible for your injury. They may be individual medical care providers, doctors, anesthesiologists, pharmacists, medical device manufacturers, healthcare management companies, insurance companies, or government agencies. A medical malpractice attorney will determine who was legally at fault and work to recover your damages.

Your damages may include:

• Disfigurement
• Medical expenses and medical bills (past and future)
• Physical and mental pain
• Loss of enjoyment of life
• Cost of hiring help for household services
• Loss of consortium (the loss of care, affection, and intimacy)
• Loss of companionship
• Loss of earning capacity
• Lost wages from time spent away from work
• Attorney’s fees
• Punitive damages

Your attorney will collect the facts, assess the applicable law, and create a legal strategy ideally suited to your case. A medical malpractice attorney also interviews witnesses, collects records, confers with expert witnesses, and negotiates with insurers and opposing counsel.

How To Prepare for Your Legal Consultation

Before you retain an attorney, there are a few actions you can take to aid your case:

• Contact your doctor and the medical licensing board
• Obtain a medical assessment (i.e. second opinion)
• Figure out the statute of limitations (time limitation) for filing your claim

If you are unsure or confused about how to proceed with the above, it is best to contact an attorney as soon as possible in order to ensure your claim is protected.

Gather Details of Your Case in Advance

Your attorney will also need a great deal of information from you, so begin collecting documents and taking notes on topics such as:

• Your name, date of birth, and other basic personal details
• Medical records
• Mental health records
• Prescription medicine information
• Insurance company information, including your policy number
• Hospital and medical provider invoices and bills
• Evidence of lost wages
• Basic family information, such as your marital status, children, and any other dependents you support
• Your social media accounts
• Your contact information
• Your employer’s name and address
• The length of time you’ve worked with your employer
• Your occupation and income
• The illness or injury’s impact on your daily life

Write Down What You Can Remember

Soon after you discover the injury, take notes of what happened before, during, and after the incident.

Your lawyer will ask you about your experiences with the medical professional or facility, including:

• Whether your doctor discussed the risks of the surgical procedure or treatment plan with you
• What you were told about the procedure or medication
• Whether you signed an informed consent form

Find an Experienced Medical Malpractice Attorney

If you or a loved one has been injured as the result of a medical professional’s negligence, you may want to consult with a medical malpractice lawyer.

Seeking legal advice from an attorney with experience in medical malpractice claims is important. Medical malpractice lawsuits are often very complex. They require expert testimony from a medical expert and often involve multiple plaintiffs. Most attorneys provide free case evaluations to determine if your case is worth filing in court.

Find a medical malpractice attorney located near you.