Going to the doctor or having a medical procedure can be stressful enough without having to worry about whether you’ll receive proper care. Unfortunately, medical mistakes and negligence do happen. If you or a loved one has been seriously harmed by negligence from a healthcare professional, you may have grounds for a medical malpractice lawsuit. But how do you know if you actually have a case?
What Counts as Medical Malpractice?
Simply being unhappy with your treatment or outcome doesn’t necessarily mean it’s malpractice. For negligence to count as malpractice that would justify a lawsuit, a few things need to be proven:
Duty – The doctor owed you a duty of care to treat you according to medical standards.
Breach of Duty – The doctor breached this duty and deviated from accepted medical standards.
Causation – The doctor’s breach of duty directly caused your injury or damages.
Damages – You suffered significant physical, financial, or emotional harm due to the doctor’s negligence.
Some common examples of potential medical malpractice cases include things like misdiagnosis or delayed diagnosis of a serious illness like cancer, administering the wrong medication, and maternal or fetal injuries during childbirth. If any failures in your medical treatment caused preventable harm rather than just an unsatisfactory outcome, you may have solid grounds for a malpractice claim.
Do You Need a Medical Expert to Review Your Case?
Except for the most obvious and egregious errors, having a qualified medical expert review your case is usually essential for determining if you have a viable malpractice claim. Expert testimony is typically required to establish the proper standard of care the doctor should have provided.
Your medical malpractice attorney can work with medical experts who can impartially assess if your doctor committed malpractice under the specific circumstances. They can also help prove causation – that the doctor’s negligent actions directly led to your injury or suffering.
What Type of Damages Can You Claim?
If it’s determined you have a legitimate case, some damages you may be able to claim compensation for include:
- Additional medical expenses to treat injuries caused by the malpractice
- Loss of income and benefits
- Cost of additional care like in-home nursing
- Pain and suffering
- Loss of consortium (loss of intimacy/companionship due to injuries)
- Wrongful death damages if a family member died
Punitive damages may also be awarded if negligence was found to be grossly reckless or intentional.
Statute of Limitations Issues
It’s important that you act promptly if you believe malpractice occurred, as medical malpractice claims have strict statutes of limitations. In most states, you have 1-3 years from the date of injury to file a claim.
Time limits can be complex, so contacting a medical malpractice attorney for a free case review as soon as possible is wise. They can examine the unique circumstances and determine if you have a case before the opportunity to take legal action expires.
Consult a Medical Malpractice Attorney to Assess Your Case and Options
Proving medical malpractice and obtaining fair compensation can be difficult without the skill and resources of an experienced medical malpractice attorney on your side. But their assistance can make navigating the claims process much smoother.
If you think you or someone you love may have been harmed by medical negligence, don’t hesitate to call a medical malpractice attorney. They can help you establish a strong case once they determine you have a basis for a malpractice lawsuit.