Medical professionals such as pharmacists, nurses and doctors are charged with upholding a standard of care that ensures high quality care and safety for all of their patients. While most medical professionals do a good job in this regard, those who are negligent and cause someone to be injured may be subjected to a medical malpractice lawsuit. The following explains how medical malpractice cases work and when you may need to retain an attorney to help you with your case. If you have been the victim of medical malpractice, contact an attorney to learn what options you may have available to you under the laws in your state.
What Is Medical Malpractice?
Not every patient who is hurt in a medical facility is eligible to receive compensation for their injuries. In order to be successful in your lawsuit, you must be able to show the court that there was negligence or carelessness on the part of your doctor or medical facility. The law considers behavior that does not uphold the standard of care set forth by the medical board in your state to be negligent. Medical professionals must take reasonable steps to keep you safe while you are in their care.
Common Causes Of Medical Malpractice Lawsuits
While there are a variety of scenarios that can lead to medical malpractice cases, some are more common than others. Below are some of the most common causes of medical malpractice case filings in the United States today:
- Injuries During Childbirth
- Medication Errors
- Surgical Mistakes
- Delayed Diagnosis
- Errors In Communication Between Medical Professionals
- Failure To Keep Sterile Conditions
Common Injuries Caused By Medical Malpractice
There are a myriad of injuries that malpractice victims can sustain, which may lead to the filing of a lawsuit. Some of the most common injuries in medical malpractice claims are:
- Mediation Overdoses
- Birth Injuries Such As Cerebral Palsy
- Instruments Left After Surgery
If you have a loved one who has died due to the negligence of a healthcare worker, you may be able to seek compensation by filing a wrongful death case in civil court.
What Are My Chances Of Success?
While there is no guarantee in any medical malpractice case, those who have a valid claim may be awarded a settlement for their injuries. Recent statistics have shown that malpractice victims are successful in 20 to 30 percent of cases filed in court.
Do I Need An Attorney?
If you have been the victim of medical malpractice, it is best to hire an attorney to protect your interests. Personal injury law is complex and the legal process can be hard to navigate for those who do not have legal experience. Statistics have shown that people who do not have legal representation are typically offered lower settlements than those who hire an attorney to represent them. While many people are concerned that hiring an attorney can be expensive, most personal injury attorneys work on a contingency basis and you do not pay unless you are awarded a settlement.
How Can An Attorney Help Me Win My Case?
While the vast majority of medical malpractice cases are settled out of court, some are not easy to resolve making a trial necessary. Some things your attorney may do to help you prove your case are:
- Hire Investigators
- Request And Obtain All Medical Records Pertaining To Your Case
- Speaking With Medical Experts To Prove The Severity Of Your Injuries
- Negotiate A Fair Settlement
- File Court Documents
- Attend Trial And Represent You
If you have been injured due to the negligence of a medical professional, contact a personal injury attorney to discuss your case. After reviewing your case, an attorney will let you know how to move forward with your medical malpractice lawsuit so you can obtain a fair settlement for your injuries. While a financial settlement cannot replace everything you have lost, it can provide the resources you need to move ahead with your life after the recovery period ends.