AH Law PC

Medical Malpractice

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Medical Malpractice

What is Medical Malpractice?

Medical malpractice refers to professional negligence or misconduct by a healthcare provider, such as a doctor, nurse, hospital, or other medical professionals, that results in harm or injury to a patient. It occurs when the healthcare provider deviates from the accepted standard of care, which is the level of care and treatment that a reasonably skilled and competent healthcare professional in the same field would provide in similar circumstances.

Types of Medical Malpractice

Medical malpractice can occur in various forms, including, but not limited to:

  1. Misdiagnosis or delayed diagnosis: When a healthcare provider fails to correctly diagnose a medical condition or delays the diagnosis, resulting in a worsened prognosis or delayed treatment.
    2. Surgical errors: Mistakes made during surgical procedures, such as operating on the wrong body part, leaving surgical instruments inside the patient, or making surgical errors that result in complications or injuries.
    3. Medication errors: Inappropriate or incorrect medication administration, prescribing the wrong dosage, or failing to consider potential drug interactions or allergies.
    4. Birth injuries: Negligence during childbirth that causes harm to the mother or baby, such as mishandling fetal distress, improper use of delivery instruments, or failure to perform a necessary cesarean section.
    5. Anesthesia errors: Mistakes in administering anesthesia during surgical procedures, leading to complications or patient harm.
    6. Failure to provide appropriate treatment: When a healthcare provider fails to provide the necessary treatment, follow-up care, or referrals that a patient requires, resulting in worsened conditions or avoidable complications.

The Basis for Medical Malpractice Claims

To establish a medical malpractice claim, certain elements must typically be proven:

  1. Duty of care: It must be established that there was a doctor-patient relationship, where the healthcare provider owed a duty to provide medical care to the patient.
    2. Breach of duty: It must be demonstrated that the healthcare provider failed to meet the standard of care by deviating from the generally accepted practices or by making errors in diagnosis, treatment, or follow-up care.
    3. Causation: It must be shown that the healthcare provider’s breach of duty directly caused or contributed to the patient’s injury or harm. It involves proving that the harm suffered was a foreseeable consequence of the provider’s actions or negligence.
    4. Damages: The patient must have suffered measurable damages as a result of the healthcare provider’s negligence. These damages can include physical pain, emotional distress, additional medical expenses, lost wages, disability, or even wrongful death.

Do I Need a Specific Type of Lawyer?

Yes, medical malpractice cases can be complex and require expert medical testimony to establish the standard of care and prove the healthcare provider’s negligence. If a medical malpractice claim is successful, the patient may be entitled to compensation for their damages, including medical expenses, lost income, pain and suffering, and other related losses.

It’s important to consult with an experienced medical malpractice attorney to assess the viability of a potential claim, as the laws and requirements for pursuing a medical malpractice case can vary by jurisdiction.

Medical malpractice covers a wide range of issues, making it imperative for individuals to seek the assistance of a skilled and experienced medical malpractice lawyer. They possess the comprehensive knowledge and expertise to navigate the intricate complexities surrounding medical negligence cases. A medical malpractice lawyer diligently investigates claims of substandard care, meticulously scrutinizing medical records, consulting with expert witnesses, and examining relevant evidence to build a compelling case. They provide invaluable guidance to clients throughout the entire litigation process, ensuring that their rights are protected and justice is served.

By skillfully negotiating settlements or representing clients during trials if necessary, these lawyers strive to obtain maximum compensation for victims who have suffered harm due to healthcare providers’ errors or omissions. Here are the steps in a medical malpractice case:

Our Working Process

1. Planning The Case

During the initial consultation, the attorney will evaluate the facts and circumstances surrounding the potential claim and assess damages to advise on the viability of pursuing a lawsuit.

2. Investigation and Evidence Gathering

If the attorney determines that there is a potential case, they will conduct a thorough investigation. This includes obtaining medical records, consulting with medical experts, reviewing relevant documentation, and gathering evidence to support the claim of medical negligence.

2. Pre-Trial Activities

Preparation for trial is an extensive undertaking, not the least of which is consolidating all the information gathered through the investigation process, and preparing legal briefs and motions to be used once the case if filed. 

In some cases, the attorney may engage in pre-litigation negotiations with the healthcare provider or their insurance company. They may present the evidence and attempt to reach a settlement agreement that compensates the injured party for their damages without going to court.

3. Trial and Post Trial activities

If a settlement cannot be reached, the attorney will file a formal complaint or lawsuit in the appropriate court. The complaint outlines the allegations against the healthcare provider and serves as the basis for the legal action. Once the lawsuit is filed, both parties engage in the discovery phase (the exchange of relevant information and evidence related to the case). It may include written questions (interrogatories), document requests, depositions, and expert witness testimony. In medical malpractice cases, expert medical testimony is typically required to establish the standard of care and prove the healthcare provider’s negligence. The plaintiff’s attorney will work with qualified medical experts who can provide opinions and testify about the defendant’s actions or omissions.

Throughout the litigation process, there may be opportunities for settlement negotiations or alternative dispute resolution methods, such as mediation or arbitration.

If a settlement cannot be reached, the case may proceed to trial with both sides presenting their evidence, witness testimony, and arguments to the judge or jury. 

After the trial, the judge or jury will render a verdict. If the plaintiff is successful, damages will be awarded. However, either party may choose to appeal the decision if they believe legal errors occurred during the trial or if there are grounds for appeal based on the law.

Questions You May Wonder?

With the worldwide pandemic, a number of industries have been negatively impacted, both in the short term and the long term.

Do you charge for a consultation?

In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.

What about out-of-pocket fees?

In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.

Who will work on my case?

In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.

Does it matter how long I wait to file a lawsuit?

In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.

How much can I expect to win?

In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.

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