Have you ever been injured or fallen ill as the result of a healthcare professional’s negligence? Then you may have something known as a Medical Malpractice Claim. Luckily, we at RAWA Law Group have experience in these cases and can help you every step of the way after you have been injured severely. However, it is important for you to understand some important aspects of medical malpractice claims, as they can be entirely complex. Now we will walk you through the process and help you gain a better understanding of how they work.
First Steps in a Case
What happens after you have measured the degree of negligence by a healthcare professional and made the initial determination that they were the cause of your illness or injuries? The truth is, medical malpractice is something that cannot always be avoided. These cases continue to happen every year, wreaking havoc in the lives of the victims and the family close to the victims. If you have experienced poor medical care, misdiagnosis and more, make sure you follow some useful steps put in place for you to receive compensation and go through with your claim.
Contacting the Medical Professional: You should always contact the doctor or healthcare professional involved in your case before you file suit against them. Your doctor may be able to help you with remedies before it comes down to a lawsuit, and then you can say that you exercised every last option. Sometimes they will offer corrective services free of charge.
Contacting the Medical Licensing Board: Let’s say that you tried to contact the doctor and it didn’t work out. Then you can go forth with contacting the licensing board that governs medical licenses. They may be able to help by issuing warnings and discipline to the doctor that caused your injuries.
Understanding the Statute of Limitations: You should always know how long you have to file a claim, if that is the option you wish for. You may be required to file within a certain time period, or the “statute of limitations.”
Getting a Medical Assessment: A certificate of merit will show that the injuries you suffered were the result of negligence. This means that you must go through a process involving experts who can consult with you about your case.
After you consider these steps in your case, it is always important to contact a personal injury attorney – which is where we come in. We can help you determine the many strengths and weaknesses in your case and whether settlement or court is the best option for you.
Various Types of Medical Malpractice
The many types of medical malpractice are fortunately very rare; however, this does not mean that it will never happen to you. You must remember that these claims are very serious and, just because you are unhappy with your service does not mean that you can bring a claim. If you have been seriously injured due to negligence, you probably have a case. Here are some of the most common mistakes made in the office that may constitute medical malpractice, given the right circumstances:
Misdiagnosis: In some cases, a doctor may have misdiagnosed you or failed to diagnose you in the first place. If you as the patient have missed treatment opportunities due to this misdiagnosis, and suffered harm as a result, you probably have a case. A competent medical professional would have been able to diagnose the condition and helped you receive the treatment necessary.
Childbirth Injuries: A child may sustain injuries during the birth process; however, sometimes these are due to negligence. These can include serious brain injuries, fractures, and even paralysis.
Medication Errors: These are one of the most common forms of medical malpractice. A doctor may make prescription errors or fail to take notice of a potentially harmful drug interaction, and you may have suffered illness or even fatality as a result. If you have been given the wrong medication or an improper dose, give us a call today.
Anesthesia Errors: A small error by an anesthesiologist can cause permanent injury, brain damage, or death. Many of these cases occur when they fail to investigate a patient’s medical history before surgery.
Surgery Errors: Perhaps a surgeon made a mistake in the operating room when health is crucial. Some of these common mistakes include puncturing an organ or blood vessel, operating on the wrong body part, or leaving surgical equipment inside the body.
Proof
If you want to prove a case of medical malpractice, you must first prove the existence of many aspects. For instance, it is important to prove the existence of a doctor-patient relationship. If the doctor agreed to give you care and failed to do so, then you probably have a case. You must also be able to prove that the doctor worked below the standard duty of care necessary and this led to your injury or illness. To prove this element, your doctor will be compared to similar professionals that dealt with the same circumstances. You must also be able to show that there was an actual link between the doctor’s negligence and your injury.
Types of Damages Available
If we handle your case, you may ask us, “What damages can I expect to receive as a result of my injuries? Compensation is important to me.” The truth is, there are several types of damages known as General, Special, and Punitive. However, this is why it is especially important to be able to prove your claim because this is the only way that you will be able to obtain the compensation that you deserve. Ask yourself: Can some kind of approximate price tag be put on the damages that you have sustained? Here is a more in-depth look at the different types of damages and how they might apply to your claim:
General: These account for the patient’s suffering and generally do not come with a price tag. They can include loss of enjoyment of life, physical and mental pain and suffering, and loss of future earning capacity. Expert testimony may lead the courts in the right direction and help them realize that you will be suffering for a long time due to your injuries, and as a result, you will be held back from many important aspects of your life that you once had.
Special: These damages cover what is quantifiable; specifically, medical bills and losses missed work. Special damages tend to be more “exact” in any case. A certified copy of medical bills will generally help you compensate for your injuries.
Punitive: To receive punitive damages, a patient will typically have to show that the doctor must have known that he or she was behaving in a harmful and grossly negligent manner. What if a doctor specifically left an object in a patient just so that they would have to redo the surgery and gain more money? This would account for punitive damages.
If you have been injured by a doctor’s negligence, you may have a medical malpractice claim. We have seen many cases in the past dealing specifically with medical malpractice and can handle your claim for you. All you have to do is pick up the phone and give us a call today so we can get started immediately. Act now!