When people visit medical professionals, they are expecting to receive the best care possible, especially when they are told they must undergo surgery. For many, this choice is weighed with both risks and benefits, and when decided upon, is ultimately left in the hands of the provider performing the operation.
Unfortunately, there are times when medical errors occur. When this happens, the outcomes can have life-altering consequences for patients and their families. Understanding how medical malpractice claims work, what qualifies as negligence, and when to seek legal guidance is important. Those choosing a surgical negligence attorney at Anidjar & Levine may be able to have their cases reviewed to determine whether or not their rights as patients have been violated, and if so, what steps to take to pursue appropriate compensation.
When a Medical Malpractice Lawyer is Necessary
Medical malpractice comes in all shapes and sizes, but it is no less traumatic when it occurs. Those who have suffered injuries as a result of misdiagnosis or delayed diagnosis, medication errors, or even surgical errors such as wrong-site surgery and anesthesia mistakes may have a medical malpractice claim, especially if the surgeon or provider failed to obtain informed consent.
A medical malpractice lawyer may be able to assist with:
- Reviewing medical records
- Consulting independent experts
- Establishing breach of the standard of care
- Filing claims within statutory guidelines
Common Damages in Medical Malpractice Claims
Damages that arise out of medical malpractice can be devastating for the patient, not just physically, but financially and emotionally as well.
Additional medical expenses are not uncommon after a malpractice case, as corrective surgeries are often required to correct previous problems. These ultimately lead to pain and suffering for the patient.
In more severe cases, long-term disability can occur from malpractice, resulting in lost income, diminished earning capacity, or even complete disability.
When dealing with a suspected medical malpractice case, it is always important to consult with a legal professional to determine if your case constitutes malpractice rather than negligence, which are treated differently under the law. Negligence generally refers to the unintentional mistake or oversight that falls below the standard of care, while malpractice is defined as intentional or grossly negligent actions.
Time Limits and Procedural Requirements
The statute of limitations for medical malpractice cases typically extends for two years. For this reason, it is important to seek legal counsel early and quickly following what you believe may be medical malpractice. This is because a review of your case may be required before an investigation takes place, which may take time depending on the complexity of the claim.
When considering whether or not your case constitutes medical negligence, you cannot rely solely on intuition. Courts will demand specific proof regarding the incident. Alongside this, legal counsel will utilize expert testimony to validate how the provider failed you as a patient and if that constitutes malpractice.
If you or a loved one has suffered an injury you believe stemmed from medical malpractice, always consult a lawyer before making any claims against the provider. Legal representatives are trained and knowledgeable in how to handle these cases, and if malpractice did occur, in navigating the legal system to obtain rightful compensation.
FAQs
What qualifies as medical malpractice?
Medical malpractice may occur when a healthcare provider deviates from the accepted standard of care, resulting in harm to the patient.
How long do you have to file a malpractice claim?
Deadlines vary by state and may depend on when the injury was discovered.
Do malpractice cases require expert testimony?
Many cases require expert review to establish whether the standard of care was breached.
Can you sue for a surgical mistake?
If a surgical error resulted from negligence and caused harm, legal remedies may be available.
