Get Legal Help with a Medical Malpractice Issue
Created by FindLaw's team of legal writers and editors | Last reviewed November 30, 2018
If you’ve been injured due to negligent medical treatment, 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. Therefore, it’s important to seek assistance from a professional who’s able to assess your injury and assert your rights on your behalf.
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. You may have been injured due to a failed or erroneous diagnosis or treatment, gross negligence, lack of informed consent, unauthorized treatment, or a breach of the doctor-patient confidentiality. Your rights are regulated either 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, medical device manufacturers, health care management companies or insurers, or government agencies. A medical malpractice attorney will determine who was legally at fault and work to recover your damages. Your damages may include:
- Medical expenses - past and future
- Physical and mental pain
- Loss of enjoyment of life
- Cost of hiring help for household services
- Loss of consortium, or the loss of care, affection, and intimacy
- Loss of companionship
- Loss of earning capacity
- Lost wages from time spent away from work
Your claim may be subject to mandatory arbitration, mediation, or litigation. Your attorney will collect the facts, assess the applicable law, and create a legal strategy ideally suited to your unique situation. A medical malpractice attorney also interviews witnesses, collects records, confers with expert consultants, and negotiates with insurers and opposing counsel.
What You Can Do To Help
Even before you have retained an attorney, there are a few actions you can take to aid your case, such as contacting your doctor and the medical licensing board, obtaining a medical assessment (i.e. second opinion), and determining what the relevant time limitation is for filing your claim. However, if you’re unsure or confused about how to proceed with any of these actions, it’s best to contact an attorney as soon as possible in order to ensure your claim is protected. Your attorney will also need a great deal of information from you, so begin collecting documents such as:
- Medical records
- Mental health records
- Prescription medicine Information
- Insurance information
- Hospital and medical provider invoices and bills
- Evidence of lost wages
- Documents received from the defendant
- Other documents related to your claim
Find an Experienced Medical Malpractice Attorney
If you've been injured as the result of a health care practitioner's negligence, you'll want to consult with a skilled attorney specializing in such cases to learn more about any potential medical malpractice claims. Medical malpractice lawsuits are often very complex, requiring expert testimony and often involving multiple plaintiffs. Find a medical malpractice attorney located near you today.
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Contact a qualified medical malpractice attorney to make sure your rights are protected.