If you feel like you have been harmed or injured by a medical professional, you may be a victim of medical malpractice.
Medical malpractice, also known as medical negligence, involves a medical incident. This could include problems with diagnosis, health management, treatment, or aftercare. In general, a medical professional is expected to provide a certain level of care; when they fail to do this, the patient is a victim of malpractice.
For medical malpractice to legally take place, a few factors must be included:
Consequences that are considered damaging could include suffering, constant pain, loss of income, or resulting disabilities.
These are a few of the most frequent cases that involve medical negligence. A complete list of the most common complaints can be found here.
Lack of consent is also a category of medical malpractice. If a patient does not give consent before a procedure, a doctor may be liable for anything that happens during the procedure, regardless of if they are at fault. The patient must be informed of all risks before a procedure and give consent after fully understanding the possible consequences.
If you believe that you or a loved one are a victim of medical malpractice, you may be eligible to sue. There are a few things that have to be in place to have a successful case.
First, there has to be a duty owed by the medical practitioner, and that duty has to be breached. This breach has to result in an injury, which then damages the victim. Damages could be emotional, physical, or financial.
If you want to start a lawsuit against a medical practitioner or medical center there a few necessary steps to take to build a succesful case.
Contact ProfessionalsThe first step is to contact the medical professional who you believe caused your injury. The goal of this is to try and understand what went wrong. In many cases, professionals will offer services free of charge to correct the problem.
You will then have to contact the relevant medical licensing board. This is necessary if the medical practitioner does not help you. In most instances, the board will reach out to the medical professional and make sure that they do not practice and make the same mistake on someone else.
Confirm Your Case Has MeritMany states require patients to file a certificate of merit before starting a medical malpractice lawsuit. This step is to double-check that you have actually been wronged.
In most cases, you will have to contact an expert (usually another medical professional) to assess your case. They will ensure that a standard of care has been breached, you have been injured, and the injury led to damages.
Contact An AttorneyIf you have completed all other steps and are sure that you have a case, the next step is to seek legal advice. This online tool is a good place to start if you do not already have a lawyer.
Individuals are able to earn economic and non-economic compensation in a successful medical malpractice case. Non-economic damages will cover things like loss of enjoyment and other non-financial damages. Economic damages may include medical expenses, lost wages, loss of earning capacity, pain and suffering, and loss of consortium.
The amount awarded depends on each case. It is essential to look into past compensation amounts for lawsuits with similar factors as yours. In some cases, people may spend more on legal expenses than they will receive in compensation for minor damages.
No one deserves to be the victim of medical negligence. If you or someone you love has been injured due to a professional’s carelessness, you might have grounds for a lawsuit. It's best to do your research and consult with an attorney as soon as possible to determine if legal action is right for you.