We put a great deal of trust in our healthcare professionals—in some cases, we are literally putting our lives in their hands. As a result, it can be devastating when something goes wrong, especially when they deny any wrongdoing. If you believe you have suffered harm as a result of medical malpractice, protect your future by contacting a medical malpractice lawyer at Faddoul, Cluff, Hardy, & Conaway, P.C., as soon as possible.
Understand the Challenges of a Medical Malpractice Case
Medical malpractice cases are typically far more complex than your typical personal injury claim. As difficult as it is for non-lawyers to pursue a car accident or slip and fall claim, it is dramatically more difficult to achieve a successful outcome in a medical malpractice case with the help of a lawyer.
One of the inherent challenges in medical malpractice claims is that with surgical procedures, there is no guarantee of success. Side effects and complications are common. The fact that your procedure was unsuccessful, there were complications, or you suffered from debilitating side effects is not enough to prove your case.
Another reason is that it can be much harder to determine whether or not medical malpractice occurred. Medical malpractice cases are not judged according to a simple negligence standard. Instead, medical malpractice occurs when the doctor or other healthcare provider fails to provide treatment that meets the established standard of care—something that is much harder to identify than the name suggests.
The standard of care is determined by what a medical professional with the same education, training, and experience would do in the same case. If you can prove that other doctors would have done something different than the treatment you received, you may have a medical malpractice claim.
Lastly, medical malpractice cases are highly technical and typically involve complicated medical terminology. To successfully pursue a claim, you must understand the terminology and the medical science behind your treatment, the underlying illness, and any subsequent harm you may have suffered.
What You Need to Prove in Your Medical Malpractice Claim
Once you recognize the inherent difficulties in medical malpractice claims, you need to then consider what you will need to prove. Four elements must be proven in every medical malpractice claim:
- The doctor or other healthcare professional owed you a duty of care. Proving this element is typically not an issue in most medical malpractice claims. Once the healthcare provider agrees to provide treatment, they have assumed a duty of care to avoid causing you harm.
- The doctor or other healthcare professional breached their duty of care. This is where you must be able to prove that the treatment you received did not meet the standard of care or they were negligent in some other way.
- The breach caused your injury. The fact that the healthcare provider was negligent in some way is not sufficient by itself. You must prove that their negligence caused you harm.
- You have suffered damages. Finally, you must prove that your injury resulted in losses of some kind. Damages can include additional medical expenses, lost income, and increased pain and suffering.
If you are unable to prove any of these elements, you will be unable to receive compensation. However, do not assume that you do not have a claim. Trust your instincts and get help if you think you may have suffered as a result of medical malpractice. An experienced medical malpractice attorney can review your case and determine whether you have a claim.
An Injury Law Firm Handling All Types of Medical Malpractice Claims
Medical malpractice is far more common than people realize and can encompass a wide variety of mistakes. We have extensive experience handling all types of medical malpractice cases, from lapses in judgment to truly egregious errors. Some of the types of cases we have handled include the following:
- Surgical errors: these can include performing the wrong procedure, operating on the wrong body part, or leaving surgical tools or materials inside the body cavity.
- Medication errors: errors such as prescribing or dispensing the wrong medication or administering the wrong dosage.
- Diagnostic errors: many malpractice claims are caused by a failure to diagnose, delayed diagnosis, and misdiagnosis.
- Anesthesia errors: mistakes can include administering the wrong dose or incorrectly intubating a patient.
- Birth injuries: these can include injuries to the baby’s head, neck, or shoulder, some of which can result in permanent nerve damage and physical disabilities. Other birth injuries can deprive the baby of oxygen, resulting in cerebral palsy and other disabilities.
Do not worry if you cannot identify what type of medical malpractice you have suffered or if you are unsure it was medical malpractice. Instead, contact a competent medical malpractice lawyer. They will be able to determine whether you have a medical malpractice claim and are therefore entitled to compensation.
Who Can Be Held Liable in a Medical Malpractice Case?
Untangling who should be held accountable for your medical malpractice claim can be difficult. In some cases, there may be multiple parties who are at fault. For example, a surgeon may be held liable for operating on the wrong body part, but the hospital may be partially at fault for not having sufficient safeguards in place. Here are some of the parties that may be held liable in your medical malpractice case:
- Hospitals and urgent care facilities
- Private medical practices
- Nursing homes and other residential care facilities
- Physical therapists
- Medical technicians
- Outpatient treatment centers
- Medical labs
You can expect an aggressive defense to your claim whether there is one at-fault party or several. Doctors and medical facilities have malpractice insurance that will deny your claim or try to pay as little as possible. Having a medical malpractice attorney on your side can level the playing field.
Symptoms That Suggest You May Be a Victim of Medical Malpractice
Listen to your body—if something doesn’t seem right, it probably isn’t. After seeking follow-up medical treatment, you should consider contacting a medical malpractice attorney if you experienced any of the following symptoms:
- Side effects that were not disclosed
- Severe reactions to medication
- Severe pain, swelling, or discomfort
- Unexpected complications
- An unusually slow recovery that is taking longer than expected
What Your Medical Malpractice Claim May Be Worth
A knowledgeable medical malpractice attorney can estimate your claim’s value at your initial consultation. The total value of your claim will be based on the following components:
- Your current and future medical bills caused by the malpractice, including additional surgeries or physical therapy
- Any lost wages or other income, including future earnings and loss of earning capacity if you are facing long-term or permanent disabilities
- The cost of medical equipment or home modifications
- Your pain and suffering, loss of enjoyment of life, and loss of companionship
While the biggest loss may be the damage to your health, the financial consequences of medical malpractice can be excessive. An experienced medical malpractice lawyer can help you get fair compensation for your claim to get the additional medical care you need and cover your other losses.
Talk to a Medical Malpractice Lawyer at Faddoul, Cluff, Hardy, & Conaway, P.C.
If you have suffered severe harm due to medical malpractice, you may be facing a lifetime of medical care. You may be unable to work and be facing a financial crisis. You only have one opportunity to get the compensation you need to rebuild your life. Let us help you build a strong case to get the compensation you deserve—contact us today to schedule a free consultation, and let’s discuss what we can do for you.