Victims of healthcare negligence should seek the assistance of a qualified medical malpractice lawyer to ensure they are rightfully compensated for any damages, pain, and suffering. If you aren’t sure if you have a case, consult with an attorney for more information.
If you think you’ve been a victim of negligence by a healthcare professional, you should contact a medical malpractice lawyer immediately. Even if you are unsure if your case qualifies, a professional attorney will help you determine if you have any legal rights to seek compensation for damages suffered. Most cases are taken on a contingency basis, meaning you won’t pay anything until the case has been concluded, at which point your legal counsel is entitled to receive a percentage of any compensation that has been awarded to you.
It is estimated that only a small number of patients can be considered victims of negligence. People often erroneously assume that because a doctor has made a mistake, that they will be entitled to some sort of compensation. Simply complaining of a “mistake” is too vague and professionals in the healthcare industry are as imperfect and prone to fault as any other person. Any problems must meet very specific criteria in order for a patient to have a valid case for a medical malpractice lawyer to take on.
The criteria that the case has to meet include disregard for professional standards and breach of patient and provider contract. The damage suffered must also be able to be linked to these actions. Pre Existing conditions, family health history, and personal habits will therefore also configure into determining whether or not there has been negligence. Even when it is believed that all three of the criteria have been met the patient and medical malpractice lawyer must still be able to gather enough strong evidence to support their case.
Healthcare misconduct can vary widely on a patient-to-patient basis from small errors that have short-term effects to life-altering mistakes. Attorneys specializing in this area will have clients that have had the wrong limb amputated, undergone unnecessary surgery, been misdiagnosed, or may simply be given the wrong medication. What determines the compensation is the extent of the injury, future care that may be required to maintain a certain health and comfort standard, and any long-term damages.
One of the most important tasks your attorney must undertake is finding another healthcare professional to corroborate the claims. This will be a crucial piece of evidence if the case goes before a judge as will any witness testimony and research into the specific injury suffered. Building and organizing this information is a time-consuming process, which is why victims need to seek legal assistance as soon as possible. Not only is there a statute of limitations on when they can file their suit, but also evidence and research may prove to be extremely time sensitive. Waiting can result in lost witnesses, poorly recalled information, or difficulty obtaining the necessary documents.
When choosing a medical malpractice lawyer to represent you, seek out those that not only specialize in the field, but who have experience with similar injuries. Although legally they may fall under the same category, constructing a case for a botched cosmetic surgery will be different than dealing with a person prescribed the wrong dosage of medication.
You can visit our Medical Malpractice page here.