All medical service providers—including licensed doctors and nurses, and hospitals and healthcare facilities—are responsible for treating patients with illnesses or injuries by providing competent care to the best of their abilities. When any component fails to maintain the proper “standard of care” in diagnosing, prescribing treatment or treating the condition, the negligent or incompetent act can have life-altering results. Patients may suffer serious, debilitating, or even fatal injuries at the fault of their primary physician, surgeon, medical staff, healthcare facility, pharmacist, other provider, or HMO insurance carrier. Medical errors that result from acts of malpractice can aggravate a patient’s existing condition or result in a completely new injury to the patient.
When policies and procedures are not properly followed or a provider fails to exercise the accepted degree of care and skill when delivering services, malpractice may have occurred. However, there are numerous factors that must be considered and complex claims often require an experienced medical malpractice attorney to document and present a case in a timely manner. Our personal injury lawyers understand that the time immediately following any unexpected medical injury can be very confusing, frustrating, and emotional. But, while you recover from a medical mistake or injury, our legal staff can work with the healthcare system and apply medical law to determine your rights and legal options.
Just because you’ve experienced an unsuccessful result from a medical treatment or surgery does not mean that you can successfully bring a lawsuit and seek monetary compensation. Medical malpractice only occurs when a provider fails to act in an acceptable manner or fails to deliver the appropriate standard of care.
Examples of medical malpractice include:
Though the vast majority of healthcare providers do good work, mistakes are sometimes made. Since all providers are required to exercise reasonable care in accordance with the standards for the profession involved, any entity or multiple entities may be held liable for your damages.
Note that the concept of medical malpractice is often misunderstood. A situation doesn’t rise to the level of malpractice if the results of a consultation or procedure don’t solve your medical problem. It becomes malpractice when a medical professional performs at a sub-standard level when, if standards of care were met, you would be fine.
Does this sound like a situation you’ve experienced? If so, know we offer a free consultation where we’ll review your records at no charge. You can contact us online to set up your free consultation, or, you can call one of our experienced medical malpractice lawyers at 800.251.1111.
While no amount of money can make up for medical malpractice, the compensation you receive can help you cope with a serious medical injury or the unexpected death of a loved one. But don’t expect your healthcare provider or healthcare facility to admit to a breach of duty. If you believe mistakes may have occurred, it is important to seek the advice of one of our malpractice lawyers as soon as possible since specific timelines may apply. As the victim of medical malpractice, you have only two years* following the discovery of your injury to file a personal injury claim.
At Harrell & Harrell, P.A., we treat our clients like family and you will get to know everyone involved with your personal injury lawsuit. Although some failures or errors are obvious, many personal injury cases begin with a “gut feeling” that something isn’t right. Because we have nurse consultants on staff, this provides you with an important advantage throughout all stages of medical negligence litigation. After our team obtains and reviews pertinent information about your case, you may be advised to give written notice of a claim against one or more of the entities involved.
*NOTE: A two-year time limitation is not how long you have to seek legal counsel. The actual filing of your lawsuit must be accomplished before the expiration of the statute of limitations and certain restrictions may apply.
As one example of the medical malpractice settlements we’ve gotten for clients, one man had gauze pads left in his scrotum after undergoing a vasectomy reversal. The jury awarded our client $1,005,000.
To consult with one of our experienced malpractice attorneys, please contact us online. We will provide you with a free consultation about what you or a loved one has experienced. Or, call us at 800.251.1111.
A: Medical malpractice takes place when a medical professional fails to perform his or her duties competently and, as a result, a patient was harmed. Legal specifics vary by state but, in general, the situation broadly described here must exist for something to qualify as malpractice.
A: There are four elements of malpractice—actually hiring a professional, that professional being negligent, that negligence causing injury, and that injury causing you to suffer harm. To prove medical malpractice, each of these elements must be proven. Specifics of malpractice law vary by state but, in general, these elements serve as the basis of malpractice proof.
A: Medical negligence occurs when a professional indirectly causes injury or death, because the standards of care were not met. No harm was intended, but a lack of knowledge or action causes a harmful oversight to take place. With malpractice, the standard of care was intentionally breached, which can make the latter even more complex to prove in court.
A: From the moment you suspect that malpractice may have occurred, begin to gather your medical records and write down a detailed timeline of what happened, including what you were told by medical professionals. List how the injuries you’ve suffered have had, and are having, a negative impact on your life. Because these types of cases can become quite complex, with multiple nuances of the law coming into play, it makes good sense to also contact an experienced medical malpractice attorney.
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