Medical malpractice occurs when a negligent act or omission by a health care professional causes harm, injury or death to a patient.
Negligence by a healthcare professional can include medication errors, diagnosis failures and delayed treatment. When patients are injured due to such negligence, a legal case for medical malpractice may be filed against:
- Medical personnel (physicians, nurses, assistants, orderlies) when services or treatments deviate from accepted standards of practice;
- Hospital, dentist, or healthcare facility for improper care, inadequate supervision or training;
- Medical device manufacturers for product defects;
- Local, state or federal organizations that own or operate healthcare facilities.
Think you have a case? Here’s what you do…
- Communicate with the healthcare providers involved. Try to get a clear understanding of what went wrong. They may offer to correct the problem, free of charge.
- Escalate to the medical licensing board. If the healthcare team is unable or unwilling to resolve the matter, consider contacting their licensing board. The board won’t offer compensation, but it can offer advice and enact disciplinary measures if necessary.
- Get a certificate of merit. Have another physician review your medical records to confirm that your injuries were caused by the original provider’s deviation from accepted practices.
- Find out how much time you have to file a case. Each state requires you to file a claim within a specific period of time from the date of your incident. This is called the statute of limitations law.
- Gather evidence. Malpractice claims can be complex and require a substantial amount of evidence. Start by collecting all relevant medical records, lists of prescription medicines, evidence of lost wages, insurance information and any other relevant documentation.
- Contact a medical malpractice lawyer. A qualified medical malpractice attorney can help you get the compensation you deserve – even when settling out of court. Most lawyers offer a free consultation and work on contingency. A contingency agreement is when a lawyer agrees to accept a fixed percentage of the money awarded to you.
Remember, help is just a phone call away (and it’s free)
Medical malpractice laws give patients the right to pursue compensation when they are injured as a result of negligence. However, it’s pursuing a medical malpractice case can be difficult and costly, given the range of factors involved. Therefore, if you believe you have a case, consider contacting an experienced medical malpractice attorney as soon as possible. A qualified attorney will review your claim for free, determine the merits of your case, and protect your rights at every step.
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