Millions of people in the United States undergo medical treatment successfully and never have to involve medical negligence lawyers, unlike the thousands of others who have been seriously injured and disfigured for life. When a doctor is careless with the treatment they give you and you land up minus a leg when a finger was all that required being amputated, you have a medical malpractice case on your hands. We all know that as human beings, we can make mistakes, but when these mistakes are made by hospitals and doctors, there is no excuse and you will need medical negligence lawyers fighting for you to get compensation.
It is the responsibility of a healthcare provider to increase the quality of life of the patients coming to him or her. If the medical practitioner or the healthcare provider contributes to the suffering of the patient owing to negligence or providing substandard care, he or she is responsible to compensate the patient for the loss owing to such negligence. A patient who is a victim of such negligence can file a claim against the healthcare provider with the help of one of the good medical negligence lawyers.
Medical negligence lawyers are constantly dealing with the lives of broken human beings – trying to get used to living with parents or children who have horrendous injuries or who have died at the hands of careless so-called medical professionals.
There Has To Be A Certain Standard Of Care
There are certain medical standards that the medical profession recognizes as being acceptable – it is the standard of care. That means a patient has the right to expect care that is of a certain standard. For a medical malpractice claim to be valid, the patient has to prove to medical negligence lawyers that he or she sustained an injury because of negligence.
If there is an injury without negligence, there is no case and medical lawyers near me would not have to be researched by you to find the best. However, if you believe you have a medical malpractice case, you are going to need medical negligence lawyers on your side as these sorts of cases can get seriously complicated.
The reason for this is that sometimes medical professionals can do everything right and yet there is still medical malpractice and you will need to prove that compensation needs to be pursued.
You also can’t dilly dally with medical malpractice claims and there are time limits for submitting medical practice claims. If you have what you believe to be a legitimate medical malpractice claim, consult a specialist medical malpractice attorney for their expert knowledge. With these cases, if a settlement offer is not made, the matter will go to trial.
The cases are not settled overnight and they can take up to 2 to 6 years to solve as it takes a lot of time to gather evidence and compile reports. If the defendant offers a settlement, it can reduce the time it takes to finalize a claim.
Medical Negligence Lawyers Tackle Medical Negligence Cases
If you or your family have been at the receiving end of medical negligence, you will want to know about malpractice lawyers near me as this kind of law can’t be tackled on your own. Medical negligence lawyers have the legal knowledge to know if it is a doctor or hospital that is at fault.
Whoever is at fault, it is their carelessness that has resulted in some or other injury to you. But what is medical malpractice? It is a violation of the standard of care you were supposed to get from a doctor or healthcare provider? They have a duty of care to a patient, but they fail to offer the correct standards of practice. When you require good professional medical help for whatever reason, you expect to be put into the hands of caring, experienced, safe, reliable medical experts.
Most certified, qualified doctors and nurses do try to provide their patients with quality care, after all, they have taken the Hippocratic Oath after all. This is an ancient document written by Hippocrates and should be held sacred by medical staff.
They promise to treat the ill to the best of their ability and to preserve the patient’s privacy. While there are different versions of the oath – they all boil down to the same thing – promising to provide patients with the best care. Mistakes are happening all the time in the world of medicine and many times these have life-altering consequences. People are left paralyzed, brain-damaged, in a coma, or dead.
How many people are not misdiagnosed or how many people do not go along to a pharmacist to pick up their meds, only to be given the wrong medicines or the wrong dosage? Surgical errors too, are rife and many patients have endured incorrect incisions and metal instruments stitched up inside of them. How many people have not been given the wrong amount of anesthesia?
Medical Negligence Lawyers And Cosmetic surgery
Many people go under the knife to improve their looks and come out looking far worse with lopsided ears and eyes, a nose where their eye should be, and far worse. They have also had to endure infection and other problems with pain, humiliation, and disfigurement. Even minimally invasive cosmetic treatments can go wrong.
Medical malpractice can be caused by a number of faulty acts on the part of a healthcare professional. With cosmetic surgery cases, a person is often not happy with the results, but not being satisfied does not necessarily amount to a medical negligence case.
Cosmetic surgery or plastic surgery is not always necessary. Yes, there are some cases where it is necessary, such as when a person has had their skin badly burned or their one breast is far larger than the other one. There are different kinds of plastic surgery to fix or repair some kind of damage to the patient.
Then again, there is cosmetic surgery chosen to satisfy the need for a person to want to look better. They have their noses re-shaped, their huge, sticking-out ears flattened and pinned back, their stomachs flattened, facelifts, or something else – for body image. Because this cosmetic surgery is elective, it usually is not paid for by medical insurance.
Most kinds of cosmetic surgery medical malpractice involve surgical error and then another problem that often emerges with cosmetic surgery is post-operative infections. Certainly, if you ever consider cosmetic surgery, make sure to only choose an experienced, board-certified cosmetic surgeon.
If you have been involved in a cosmetic surgery malpractice incident, a big problem can come about because the surgery was not a necessity in the first place, and the jury often gives the cosmetic surgeon the benefit of the doubt. If the patient were to win the case, the jury, more often than not, awards lower damages than if it were a regular surgical malpractice case.
Medical malpractice can take different forms –
- Surgical errors
- The wrong medication
- Insufficient or poor after-care
- Premature discharge
- Unnecessary surgery
- Not taking a proper patient history
What Happens When It Is The Lawyer At Fault
But what happens when the very person you are trusting with your medical malpractice case – your lawyer – screws everything up? Can you sue a lawyer for negligence? It all seems back to front and cockeyed when you turn to medical negligence attorneys to help you with your medical malpractice case and they make serious mistakes so that you have to consider using them for breach of duty.
The lawyer owed their client a duty of care but failed, violating their responsibilities. Lawyers, just like doctors, have to use the same care and safety measures as doctors do to ensure no harm to their clients.
A negligent lawyer fails to uphold this requirement to you. You will need to prove that the attorney was negligent and made a mistake that caused you financial loss. Of course, the lawyer may suggest a settlement that is not sufficient enough. There are a few alternatives to suing your lawyer. If you are disputing a fee, for instance, that state also likely has a fee dispute committee and it is possible to get an out-of-court resolution. There is another alternative and that is to hire another attorney to handle your case and get the outcome you want.
Medical malpractice is a massive thing and comes with all kinds of rules of procedure that are very different from other areas of the law. If you are a victim of medical malpractice, it is imperative that you consult the best medical negligence lawyers with extraordinary expertise in this particular field of law.
When The Hospital Is At Fault
When a hospital makes a mistake, you can feel intimidated, because how on earth do you even begin to take them on? This can only be possible with capable hospital negligence lawyers. When a hospital makes a mistake with your treatment, you have a legal right to receive compensation for any injuries with the help of medical negligence lawyers.
it is better to get a hospital negligence lawyer near me so that you can be close by to assist them with all the information they collect. As suggested, you need to act lest the Statute of Limitations deadline expires. These statutes of limitations require that patients file legal claims quickly. The time limits vary and they can be as short as just one year from the incident.
These medical negligence lawyers most times offer free initial consultations and most of them rely on contingency fees. This means that if the lawyer wins the case, the law firm takes a portion of the award. If the lawyer loses the case, they are not paid.
Just like with a doctor, if medical negligence occurred at a hospital, it does not automatically mean that the facility is responsible. A lawyer for medical negligence has to look to see if your case is about shoddy care provided by one doctor who happens to be an independent contractor or the hospital.
If it is just one doctor, then they need to pursue action against that particular doctor and not the entire hospital. The best lawyers for medical malpractice in a hospital will know exactly from listening to your story, who it is precisely that is responsible for your ill-treatment in the hospital.
So the first thing that a lawyer for medical negligence will try to fathom out is to first determine who is legally responsible for the medical error.
Medical negligence lawyers play an important role in seeking justice for patients who have suffered because of the negligence of doctors and hospitals. The medical negligence lawyers between them have raked in massive amounts for their clients. Patients have a right to decent and safe medical care under their physicians, and too often these days, this does not happen.
Can you believe that each year in the United States of America, about 400 000 hospital patients suffer from some kind of negligence that causes their demise? So when all is said and done, medical malpractice is the 3rd leading cause of death in the country.
Some of the top medical malpractice lawsuits of all time have reached mind-boggling amounts in settlement for clients. A couple of these have been –
- $11.4 Million paid to a Wisconsin mother for the negligence of a nurse and midwife in attending to her baby, causing a birth injury.
- In Minnesota, $23.2 million was awarded when, during the birth process, a baby suffered hypoxia. Now grown up, he still suffers from quadriplegic cerebral palsy and seizures.
- In 1998 in Florida, $31 Million was awarded to a mother when she was given too much medication in the course of her induced labor, compromising oxygen to her child and resulting in cerebral palsy. Because of a cap on medical practice awards, she received $15 million
Medical malpractice can have life-long negative effects on a family and medical negligence lawyers can offer you the legal assistance that would not bring your loved one back to you in their whole state but it can bring some kind of closure and respite.