Medical malpractice occurs when a healthcare professional or facility fails to properly care for a patient. All medical professionals are supposed to follow accepted medical practices when they treat patients. Not performing their duties according to standards can lead to severe injuries.

You may be eligible to file a medical malpractice claim if you suffered an injury because of a medical professional’s negligence. You can receive compensation for your injuries, medical expenses, pain and suffering, and lost income. Reach out to an experienced medical malpractice lawyer to protect your rights and secure the compensation you deserve today.

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Medical Malpractice Statistics

Medical malpractice is common in the United States, with medical errors causing approximately 250,000 deaths every year. This accounts for nine and a half percent of all deaths each year and ranks as the third leading cause of death in the country, after heart disease and cancer. Furthermore, recent research suggests that approximately one in ten patients in the US will deal with some type of medical mistake in their lives.

The Most Common Types Of Medical Malpractice Claims

There are several common types of medical malpractice claims:

Misdiagnosis

The most common type of medical malpractice lawsuit involves misdiagnosis or delayed diagnosis. Experts estimate that misdiagnosis or delayed diagnosis caused one-third of medical malpractice claims over several years. A misdiagnosis can occur if the doctor doesn’t recognize the signs and symptoms of a condition or doesn’t order proper medical testing. Other errors that involve not identifying an illness involve improperly labeled test results, lost test results, and mistakes when doing medical tests.

A common problem is when a doctor misdiagnoses lung cancer as bronchitis or pneumonia. Many medical professionals have difficulty correctly diagnosing mesothelioma. This is a rare cancer of the lung lining caused by exposure to asbestos. Many doctors may see few, if any, mesothelioma cases in their careers, so they may not realize the severity of your condition.

Childbirth Injuries

Injuries that happen before, during, or after the birth of a child can have devastating consequences for the mother and child. Many birth injuries are due to the following:

  • Subpar prenatal care.
  • Not using forceps correctly or using too much force to remove the baby.
  • The umbilical cord is wrapped around the neck so the baby cannot breathe.
  • Not recognizing signs of fetal distress.
  • Not performing a C-section when needed.
  • Mishandling or dropping the baby after birth.

In some childbirth injury cases, doctors fail to inform the mother of a prenatal health issue. This can be the basis of a lawsuit. For example, if the doctor didn’t tell you that the child has Down syndrome, this can lead to a claim.

Infections At The Hospital

One might think a hospital is the last place to get an infection, but that’s untrue. Many patients get serious infections in the hospital, called hospital-acquired infections or HAIs. An HAI can seriously affect your recovery and can even lead to death for seriously ill patients.

Before going to a hospital, determine the rate of hospital-acquired infections. A high rate can be a sign of subpar care.

Surgical Mistakes

Surgery is always a concern for many patients, and there is good reason. Every surgery has risks, and many medical malpractice lawsuits involve surgical errors, such as:

  • Performing the procedure on the wrong part of the body
  • Performing the surgery on the wrong patient
  • Leaving a surgical tool inside the patient’s body
  • Not sterilizing equipment and causing an infection
  • Making an incision on the wrong part of the anatomy inside the body

In many cases, there may be medication and surgery errors simultaneously. This may happen if the doctor administers too much or the wrong type of anesthesia. Sedating a patient safely with anesthesia is tricky and must be done with great care.

Emergency Room Errors

ERs are often chaotic places with a lot of stress. Medical professionals have to make fast decisions to treat and save patients. However, many doctors make mistakes in ERs every day that endanger people’s lives. Many ER medical professionals don’t order needed tests, make medication mistakes, or discharge patients too soon.

Failure To Treat

Failure to treat a medical condition violates the accepted standard of care doctors accept when they have patients. This is one of the common causes of malpractice lawsuits. Common examples are releasing the patient too early, not giving instructions for follow-up care, not ordering the proper medical tests, and not considering the patient’s medical history.

Many instances of failure to treat are because the doctor has too many patients. This requires the doctor to realize they are overworked and must give the patient to another doctor.

Lack Of Informed Consent

Informed consent is a vital part of every doctor-patient relationship. Informed consent means giving the patient critical information about their condition or illness, options for treatment, and potential risks. Giving informed consent is vital so you have all the necessary information to make a treatment option. Without informed consent, you can have a treatment you don’t want or aren’t in your best interests.

Medication Mistakes

Many patients need prescription medications to help them recover from a condition or injury. Doctors write prescriptions for painkillers, antibiotics, blood thinners, steroids, and more. However, doctors are busy and often tired and may prescribe an improper drug or dosage. That is no excuse for failing to uphold the standard of care.

There are many medical malpractice claims from severe injury or death from doctors giving the wrong medication, the wrong dosage, or a medication that the patient has an allergy to. Also, a common issue is giving the patient a medication that interacts dangerously with other drugs.

Taking the wrong prescription drug can cause severe injury and sometimes death. You should receive immediate medical treatment if you took the wrong drug or dose.

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What Is Required For A Medical Malpractice Claim?

It is not enough to say that a doctor’s negligence caused your injuries. You have to prove it. There are several requirements for a patient to be eligible to file a medical malpractice claim. Your medical malpractice attorney will carefully evaluate your case to determine if it can qualify for compensation:

  • There was a doctor-patient relationship: You must have evidence of a doctor-patient relationship. You cannot sue the doctor if they gave you off-hand advice at a party. After you have received medical treatment at their office, it’s easy to prove you had a doctor-patient relationship.
  • The medical professional was negligent: It is not malpractice if you didn’t like the outcome of your case. It also isn’t necessarily malpractice because your cause had a subpar result. You have to prove that the doctor injured you in a way that another medical professional in the same situation may not have. Medical malpractice claims depend on proving that the doctor didn’t show reasonable care and competence. Your case probably needs testimony from an independent medical professional who can show that your doctor violated this rule.
  • The negligence caused your injuries: Suppose the doctor was negligent, but your injuries are unrelated to the misconduct. You cannot obtain compensation. Their negligence must have caused your injuries, but proving this can be difficult; many malpractice claims involve a patient who was already ill or injured. Your medical malpractice attorney can have a medical professional testify that the improper action caused your injuries.
  • The injuries caused your damages: Last, you must show that the injuries from the medical misconduct caused you damages. These may include lost earnings, medical expenses, mental anguish, and pain and suffering.

What Steps To File A Medical Malpractice Lawsuit?

There are several steps to file a medical malpractice lawsuit. The personal injury attorney you choose will handle this process for you. Remember, having a successful claim is complex; an experienced attorney should handle medical malpractice lawsuits.

  • Collect evidence: The success of your claim hinges on strong medical evidence. This evidence may include your medical records, doctors’ statements, lab results, witness testimony, and other relevant information about the procedure or condition.
  • Work with medical professionals: Before you file a lawsuit, you will want opinions from other medical professionals about your condition. Medical professionals can review your claim and medical records and provide an objective view. The opinions of these professionals are vital in offering reliable evidence that the medical professional violated the standard of care.
  • Hire a medical malpractice attorney: You should always hire an experienced medical malpractice lawyer, preferably one who has dealt with cases like yours. Your attorney will handle all the steps above and below and potentially represent you in court.
  • Write the complaint and serve defendants: Your medical malpractice attorney will write the complaint detailing the alleged medical negligence and your damages. After you file the complaint, you must file it with the doctor and other defendants.
  • Discovery: The plaintiff and defendant will exchange information about the case. This may include depositions, interrogatories, and various documents. Both sides use discovery to understand the strengths and weaknesses of the other side. Your medical malpractice attorney will decide whether the case should proceed to court or if further settlement discussions are necessary.
  • Settlement discussions: Most medical malpractice claims end with a settlement because going to court is time-consuming and costly. Your attorney will understand the approximate case value by reviewing your current and future medical needs, lost earnings, etc., and offer to settle for a fair amount. Settlement discussions may continue for several months. Your medical malpractice lawyer will update you on the discussions and recommend whether to settle or go to trial.

Injured patients should always retain a medical malpractice attorney to handle their case. These claims are difficult to win, and getting maximum compensation is impossible without an attorney fighting for your rights.

How Much Is A Medical Malpractice Claim Worth?

A medical malpractice claim, like any personal injury case, varies in the amount of compensation. Most of the claim’s value depends on its unique and individual aspects. Your medical malpractice attorney can offer an approximate case value based on the following case factors:

  • Nature and extent of injury: How severe was the injury? Did you lose a limb or have a baby that was severely affected for life by the malpractice? Such cases will be more valuable than suffering a less severe injury with fewer long-term consequences.
  • Medical bills: Medical care is expensive in the United States. Someone with worse injuries from medical malpractice will have high current and future medical expenses. Your medical malpractice attorney will work with your doctors to understand your future medical care needs.
  • Pain and suffering: Physical and mental suffering will also impact your settlement. If you had to have a limb amputated, the long-term pain and suffering will be higher than if your injury eventually healed.
  • Liability: Cases where liability is clear always result in more compensation. Suppose the surgeon operated on the wrong side of the body. This will make the case more valuable.
  • Skill of attorney: The skill and experience of your medical malpractice attorney is critical to your compensation.
  • Insurance: The amount of compensation is also affected by the coverage available. Many malpractice claims involve several defendants, so more insurance money can be available to you.

Generally, a medical malpractice claim results in a higher payout when the patient or family experiences the most severe consequences, such as long-term disability or death. Talk to a medical malpractice attorney today about your claim to understand your options and potential compensation.

Contact A Medical Malpractice Attorney Today

Many people suffer severe injury by medical negligence every day. Unfortunately, many people don’t realize they can seek compensation for their losses. Talk to a medical malpractice attorney if you think a doctor’s negligence injured you. You can be entitled to compensation for your medical bills, lost earnings, and more.

Medical malpractice lawyers do not charge upfront for their services. Instead, they receive compensation through a contingency agreement. This means they receive a percentage of your settlement or jury award. Most attorneys receive between 33 and 40 percent of the client’s compensation. Your medical malpractice attorney usually covers any legal expenses during the case; you will ultimately reimburse those expenses.

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