Medical Malpractice Information
When things go awry in life you often seek the advise, care or opinion of professionals who can help. Sometimes, you must entrust your very life to these professionals, such as when visiting a doctor or specialist. When you entrust your life to a medical professional, they assume responsibility for giving you proper care (see Tort Law). However, in some instances, a medical professional is negligent and can cause severe damage, injury or even death to those in their care. If you or a loved one have been affected by the negligence of a medical professional, you may have a medical malpractice claim. A personal injury lawyer with experience in medical malpractice claims may be able to help you determine if you have a case and advise you on the best course of action to recover damages caused by a medical professional.
A medical professional is responsible for the choices they make as it pertains to your health and overall well-being. When a medical professional acts in a manner that is beneath the reasonable expectations you would have of someone with similar experience or makes a decision that causes you unnecessary harm, they may be held liable for their actions. If you think you have a medical malpractice claim, you will need to:
- prove that the doctor made an unreasonable mistake that another doctor would not have made in the same situation,
- demonstrate how the doctor’s mistake caused you a harm you would not have otherwise experienced if they had not treated you the way they did, and
- show the extent of the damages you experienced due to the doctor’s negligence.
It usually takes the testimony of an expert witness, such as another doctor, to prove that your doctor made a mistake. Finding an expert to testify against a member of his or her profession may be a difficult thing to do. A personal injury lawyer should be able to help you find an expert witness to help substantiate your claim.
The cost of an expert witness is often very expensive. Usually, a personal injury lawyer will work on a contingent fee basis (see Understanding Attorney Fees). That is, they do not receive any compensation for their time and effort if they are not successful with your case. If an attorney will take your case on a contingent fee basis, they will generally front the money for an expert witness and only be reimbursed if they recover damages for you. A medical malpractice lawyer should be familiar with the laws governing medical malpractice and be able to help you fight for the recovery you are entitled to.
There are several things you will want to collect and keep track of if you think you have a medical malpractice claim. First, you will want to obtain your medical records so your attorney can look them over and/or send them to an expert witness to evaluate. Second, it is important that you keep a daily journal documenting your pain and suffering. Be sure to include any events or special occasions you miss due to your injury. Third, keep track of all of your medical bills, including prescription drug costs. Also, keep track of days of work missed or any interference your injury has with your ability to earn an income or pursue your household duties, hobbies, and family responsibilities. All of these things hold a pecuniary (financial) value and may be used to calculate the total damages you are eligible to recover.
Do not delay in seeking the advice of a personal injury lawyer. There are statutes of limitations (see Understanding Statutes of Limitations) that govern the amount of time you have to file a medical malpractice claim. Statutes of limitations usually begin accruing at the onset of your injury or at the time you should have known about your injury. Therefore, it is imperative that you seek the counsel of a personal injury lawyer as soon as possible after your injury to determine if you are within the statute of limitations for filing your claim.
In addition to the medical professional, you may have a claim against the hospital or facility that provided your care. An experienced medical malpractice attorney should be able to help you determine all of the parties at fault for your harm.
You may also be able to receive punitive as well as compensatory damages (see Types of Damages). Punitive damages may be awarded if the doctor’s behavior is found to be reckless and with absolute disregard for accepted standards of practice. Your attorney should be able to help you determine what types of damages you may file for. As always, make sure that the attorney you hire has experience in medical malpractice cases.
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