What Is Medical Malpractice?Law . Recommended Services . Tips
A medical malpractice case involves any situation in which a personal injury or death happens because of improper medical care. This could happen at a hospital, in a doctor’s office, or at the behest of another kind of health care professional. Generally, medical malpractice occurs when a doctor is negligent in the way that they treat a patient, either by ignoring other symptoms during diagnosis or improperly performing a specific form of treatment, like a surgery. It could also include missing certain symptoms during aftercare checkups. Regardless of the cause, in order to win a medical malpractice case, the patient has to prove that negligence has happened. If you want to reach a good settlement, you’ll likely need to speak with a medical malpractice attorney in order to get one from your health care provider.
What are the most commonly occurring types of medical malpractice?
As properly diagnosing your medical condition is central to a doctor’s role, receiving a misdiagnosis is one of the most common reasons for a malpractice suit. One of the most misdiagnosed illnesses is cancer, so if you’ve recently been diagnosed with cancer after a string of other diagnoses it may be worth discussing your situation with a legal expert. Another common type of medical malpractice happens when you’re giving birth and the baby is being delivered. Many birth injuries are not congenital. On the contrary, birth injuries are due to the negligence of the doctor delivering the baby and can even include life-altering problems like cerebral palsy. There is a wide range of complications that can occur during birth, and all OBGYNs are required to be able to respond to these issues appropriately. If they don’t respond with the appropriate standard of care, you may be able to hold them liable for negligence.
How is medical malpractice proven?
Medical malpractice is one of the more complicated kinds of lawsuits to bring to the table because medical negligence is tricky to prove to a jury with no medical knowledge. As a result, you often have to provide an objective third-party with knowledge of the medical procedure or diagnosis in question in order to provide a deeper understanding of what sort of standard of care should have been provided. The right lawyer with years of experience in medical malpractice law understands that this is an important aspect of reaching the right verdict, and, as such, will have several medical professionals that they can call upon in order to prove your doctor’s medical mistake.
In many cases, a settlement may be able to be reached before going to court, which can be one of the best ways to get your medical bills covered and avoid expensive legal fees. That being said, many lawyers will offer consultation about your case free of charge and the best lawyers will only take payment if they win your case, using money from the settlement. Medical settlements can be anywhere from tens to hundreds of thousands of dollars.
When it comes to pressing charges for medical malpractice, it’s crucial that you have a local attorney in your corner. Whether that means hiring a Maryland medical malpractice lawyer or seeking legal counsel in Texas, having a local expert on your side can make a world of difference when you file your medical malpractice claim. Remember that medical malpractice can be challenging to prove and often relies on expert witnesses and a strong case. As such, if you’ve been the victim of medical malpractice it behooves you to speak to a lawyer who can help steer your case in the right direction and prove negligence on your doctor’s behalf.