Experienced Medical Malpractice Lawyer
Medical Malpractice Lawyer
Medical Malpractice Lawyer | The Benefits of Working with an Experienced Lawyer
When a doctor, nurse, or other medical worker provides inadequate care that results in the patient’s illness, injury, or death, they have committed medical malpractice.
Oftentimes, a medical error is at the root of the malpractice or negligence. This may occur during the course of a medical evaluation or in the administration of a treatment plan, as well as in any follow-up care that may be necessary.
If a patient suffers an injury as a result of subpar care, they may be entitled to financial compensation under medical malpractice law.
Between 15,000 and 19,000 medical malpractice suits are filed each year against doctors in the United States, as reported by the Medical Malpractice Center.
All of us rely on physicians, nurses and other medical professionals to correctly identify illnesses, carefully perform surgical procedures, and provide watchful treatment when we are ill. As in virtually all careers, errors do happen and it is the patients who suffer an injury, ailment, or worse as a result. Sadly, it’s not uncommon for healthcare professionals to try and hide their mistakes to avoid a legal issue or a malpractice claim being filed with their insurance company. Such actions can leave health care accident victims with lifelong injuries, trauma or a condition that becomes more severe.
Common Kinds of Medical Malpractice
Some medical errors are more common than others, but errors are possible in any medical setting. However, it is not enough to prove fault simply by showing that a mistake was made.
The patient must demonstrate that the error fell below the standard of care for the doctor’s specialty and that they were harmed as a direct result. In other words, neither dissatisfaction with the outcome of a procedure nor a mistake that did not cause significant harm to the patient constitutes grounds for a medical malpractice claim.
- Medication Errors
Even when the utmost care is taken, medical professionals like doctors, nurses, and pharmacists are not immune to making mistakes with patients’ prescriptions. If a medical professional makes an error while prescribing or administering medication, they could be held responsible for damages.
A doctor may prescribe medication for a condition that has been incorrectly diagnosed, which can lead to prescription errors.
In other instances, a doctor or nurse may prescribe or give the incorrect dosage of medication. It is also possible for a nurse to mix up their patients and give the wrong medication to one of them. Or the wrong dosage could be given due to defective medical devices.
Occasionally, a physician fails to recognize and diagnose a condition that a qualified physician would have detected. This misdiagnosis may lead the ailment to evolve to a more severe state, necessitating more intensive treatment and causing the patient additional pain and suffering. In the case of a life-threatening illness such as cancer, an incorrect or delayed diagnosis may result in the patient’s demise.
A plaintiff filing such a claim is required to present medical expert testimony explaining why a competent physician treating a similar patient would have made the correct diagnosis or diagnosed the problem sooner. In addition, an expert would have to describe the negative effects of the mistake or delay on the patient’s condition.
- Birth Injury
By failing to meet the professional standard of care, gynecologists, obstetricians, and other medical professionals involved in the birthing process might cause permanent injury to babies.
Cerebral palsy, paralysis, nerve damage, developmental abnormalities, and fractures are among the conditions that may result from medical negligence (but commonly have innocent origins). Inadequate prenatal therapy or care can sometimes cause harm to the mother and child.
- Anesthesia and Surgical Errors
Several of the most severe instances of medical misconduct occur during surgical operations. Certain sorts of surgical blunders are referred to as “never events,” indicating that the medical community agrees that they should never occur.
In many circumstances, a patient may not need expert testimony because the negligence is clear. Leaving a sponge or other surgical tool inside a patient’s body is possibly the most typical example of a “never” event.
A doctor may potentially operate on the incorrect patient or body part, or they may inadvertently harm another area of the patient’s body during the treatment. Infections and problems following surgery can sometimes cause considerable injury if not managed correctly.
Anesthesia is a crucial component of the surgical procedure that should not be taken for granted. An anesthesiologist’s errors can have catastrophic results, including brain injury or damage and death.
An anesthesiologist may fail to evaluate a patient’s medical records for potential risk factors, offer an improper dose of anesthesia, or monitor the patient’s vital signs while providing anesthesia. In some instances, the equipment used to deliver anesthetic may be defective, which may allow the patient to file a claim against the equipment’s manufacturer.
Legal Remedies Available Resulting from a Medical Malpractice Lawsuit
In the majority of cases involving medical negligence, the plaintiff is awarded monetary damages from the hospital or medical provider. This can be used to pay for additional medical expenses, medical bills, hospital fees, and treatments.
In some areas, the number of damages that can be awarded to a plaintiff in cases of medical malpractice or medical negligence may be limited. Compensation for medical malpractice has been regulated to prevent frivolous lawsuits and requests for excessive compensation.
Medical Malpractice Lawyers | How to Choose
If you or a family member were seriously injured due to the negligence of a physician, nurse, or hospital, you might have a medical malpractice claim. You would need to choose the best lawyer to represent you, and here are a few tips to guide you.
All medical malpractice cases require medical expert testimony to prove carelessness and causation. Often, medical malpractice cases are lost at trial because defense counsel is able to use their medical experts to confuse the jury, or because the plaintiff’s attorney is unable to effectively explain the case.
- Track Record
For a medical malpractice victim to obtain the largest possible settlement in a medical malpractice case, the defendant’s doctor or hospital insurance carrier must respect and fear your attorney in order to pay the necessary amount to cover medical expenses, loss of income, and pain and suffering. This fear and respect are due to the attorney’s experience and track record of successfully litigating medical malpractice lawsuits.
Although it is simple to discover attorneys in the phone book or on the Internet who handle a range of matters, including medical malpractice, it is essential to recognize that medical malpractice cases are the most difficult to prosecute. An attorney must have extensive knowledge and experience in both medicine and medical malpractice law.
- Reviews and Feedback
One of the best indicators of a lawyer’s success is the satisfaction of former clients who had similar medical malpractice cases to yours. Request that any attorney you meet with supply you with a list of former clients (especially with cases similar to yours). If the attorney is unable to give you a list, it is likely that he or she lacks the necessary level of experience and track record of success for your case.
- Ability to Fund the Lawsuit
Medical malpractice claims and economic damages can easily surpass $200,000 before trial. Numerous attorneys cannot advance such a huge sum of money, and some need their clients to pay as the case develops. This can cost you a substantial amount of money, which you likely cannot afford to advance to your attorney.
Benefits of Seeking Medical Malpractice Legal Help
You may not have considered hiring a lawyer if you’ve been the victim of medical misconduct. However, there are several compelling reasons to retain an attorney if you wish to pursue a medical negligence lawsuit.
- Medical Malpractice Attorneys Will Correspond With Insurers on Your Behalf
When filing a lawsuit for medical misconduct, corresponding with insurance companies can be exhausting. You may be so fatigued by the insurance company’s frequent requests for further paperwork that you consider giving up on your lawsuit.
In this regard, an experienced medical malpractice attorney can make all the difference. An attorney for medical malpractice will assume responsibility for communicating with insurance companies.
Because they have vastly greater expertise interacting with insurance providers, they help shorten the paperwork process so you may focus on your recovery.
- Attorneys Can Expedite the Claims Procedure
An additional advantage of hiring a medical malpractice attorney is that they can expedite the claims process.
It is difficult to file a case, particularly if you have no knowledge of the law or lawsuits.
Hiring a malpractice attorney is advantageous if you are submitting a medical malpractice claim. An experienced medical malpractice attorney is familiar with all parts of filing a lawsuit, such as obtaining expert witnesses, which can expedite the settlement of your claim.
- They Will Attempt to Secure You the Largest Possible Settlement
Most medical malpractice attorneys work on a “no win, no fee” basis, meaning that if they lose your case, you owe them nothing. There are two reasons why you profit from this:
- Since attorneys do not like to litigate a case in which they have little chance of winning, they will not waste your time or money if your case is weak.
- They are incentivized to obtain huge compensation for you since their costs will be deducted from that settlement.
If you have been the victim of medical negligence, you are entitled to compensation, and a malpractice attorney can help you obtain it.
- Attorneys Have Access to Resources That You Do Not
A further advantage of hiring a malpractice attorney is that they have access to resources you do not have.
Malpractice attorneys have a vast network and can contact:
- Expert witnesses who can represent you in court.
- Contacts significant insurance firms they can work with to speed up the process of assessing your claim.
- Other legal professionals that can offer them support and direction as needed.
Medical Malpractice Attorney
Sometimes, medical professionals make mistakes that lead to serious harm or violation of patient rights. If you need help with a medical malpractice case, it’s recommended that you speak with a lawyer who specializes in this area.
An attorney who specializes in personal injury law will be able to guide you through the legal process and assist you in preparing the necessary paperwork. Restitution for medical negligence violations typically involves monetary compensation paid to the victims.
If you or a loved one has been hurt by a medical mistake, such as a botched operation or a misdiagnosis, the Accident Law Group is here to help. The Accident Law Group is here to help you make the best of a bad situation by fighting for your right to fair compensation and holding negligent medical professionals accountable.
Call us for a free consultation today at 602-262-4254.
No Upfront Cost to Work With Our Phoenix Medical Malpractice Law Firm
At the Accident Law Group you’ll never be treated as just “another case”. We recognize that each of our clients is a real person who has either personally experienced a traumatic medical injury and has been there for a loved one who has. We’re not just here to hold medical professionals accountable, we’re here to help you make the best of your circumstances and achieve just and fair compensation.
Whether we’re meeting with you at your location or you are coming into our office, you’ll always be in a comfortable and caring environment. Our entire staff is here to get to know you, your particular situation, and learn how we can help you move beyond your case and live a normal life.
We do this because we understand how difficult overcoming a medical trauma can be – it’s not just about the outcome of your case, it’s about moving on. Our focus on YOU individually and YOUR needs makes us even more compassionate about what we do and drives us to fight for your cause.