What is Malpractice Lawsuit
Generally, malpractice refers to some type of negligence from a professional. In medical malpractice cases, the negligence is on the part of a healthcare provider who has strayed from accepted standards of care and consequently caused a patient harm.
The law allows victims of medical negligence to file a malpractice lawsuit against the responsible party(s). A malpractice lawsuit provides a means by which victims can hold the negligent healthcare professional(s) accountable for damages such as:
Pain and suffering
Loss of a loved one
Loss of happiness of life
Permanent injury or disability
Loss of income
Medical treatment costs
Before a malpractice lawsuit can be filed, it must be found to have merit. A medical malpractice attorney can evaluate your case and determine whether you can proceed legally. Looking for evidence that negligence took place resulting in damages suffered is what your attorney will be doing.
The most important action you can take if you think you have a malpractice lawsuit is to contact an experienced attorney for a claim evaluation as soon as possible. A statute of limitations restricts the time you have to file a claim. While statutes vary by state, most set a time limit of 1 to 3 years after the incident occurred (or was discovered).
Do You Have a Malpractice Lawsuit?
The following represent some of the many types of negligence that may be grounds for a malpractice lawsuit:
Delayed diagnosis, misdiagnosis or failure to diagnose – Diagnostic mistakes are the most common medical mistakes and cancer, heart attack, stroke, blood clots and meningitis are the types of illnesses usually involved
Surgical mistakes – Thousands of patients are harmed by surgical errors each year. Errors in this area may include foreign objects left in the patient after surgery, removal of the wrong body part or operation on the wrong body part.
Medication errors – With a minor mistake as an overdose, under-dose or giving the wrong drug can have deadly consequences.
Mistakes made during labor and delivery – Mother and baby are particularly vulnerable during this time and negligence can cause birth injuries including cerebral palsy, Erb’s palsy, brain damage and stroke.
If your situation is not listed above does not mean you do not have a malpractice lawsuit. Malpractice takes many different forms and may be committed by a doctor, nurse, lab technician or other medical staff. The best course of action for you is to talk with an attorney to determine if you have a valid claim.
Contact Us about Filing a Malpractice Lawsuit
Malpractice lawsuits are extremely complex, but the attorneys at our law firm have a long and successful track record of handling these types of cases. Contact us now if you have a case you need evaluated. We offer free claim evaluations and we’ll be glad to explain your legal options.
Tags: malpractice, malpractice lawsuit, medical malpractice, medical negligence, negligence