According to Johns Hopkins University in the USA, nearly 250,000 people die every year due to medical errors. Unfortunately, many families cannot understand the main reason for their loved one suddenly passing away and have to trust doctors to provide them with some information on the reason for their loved one’s sudden death. However, if the main reason for a person’s death remains unclear and unsolved, the family should consider filing a medical malpractice lawsuit against the healthcare provider.
This short yet informative blog helps understand the question “what is medical malpractice?” and how it can affect you or your family.
Who is a medical malpractice lawyer?
A medical malpractice lawyer is an individual who represents the victim or family of the victim who has suffered physical and mental trauma due to a healthcare professional’s willful or unintentional harm to the patient. The job of a medical malpractice lawyer also includes the following important work:
- Performing general civil litigation tasks,
- Working with medical experts,
- Analyzing medical records and
- Conducting medical research
- Setting up an independent medical examination
- Performing medical research related to the victim’s condition
- Working with a legal nurse consultant to understand case merits, review medical notes and understand the doctor’s notes
The specialization of a medical malpractice lawyer is in the following areas:
- Birth injuries
- Nursing home abuse
- Dental malpractice
- Surgery mistakes
Apart from the above, other specific medical malpractices require the expertise of a medical malpractice lawyer. Now that you have learned about a medical malpractice lawyer let’s understand the reasons for filing medical malpractice injury cases by the victims or their families. The next part of this write-up will provide some very common examples of medical malpractices done to patients.
Most common examples of medical malpractice
Medical malpractices are considered the third most common cause of death in the US. Medical malpractice can be of any type, ranging from minor injuries to fatal accidents. Some examples of them are as follows:
- Delay in performing a C-section by the doctor causes brain damage in the child
- Extra anesthesia by the anesthesiologist during surgery causes the death of the patient
- Unnecessary root canals by a dentist to increase billing amount
- Failure to diagnose cancer that metastatizes and becomes difficult to treat
- Surgeon leaving behind surgical equipment in the patient’s body
- Incorrect amputation of a limb by the doctor.
Apart from the above, some other significant examples of medical malpractice can be as mentioned below:
- The appearance of more than one specific symptom of your illness
- The doctor did not listen to all of your health issues
- The healthcare provider did not use all available diagnostic tools
- The medicines prescribed have not improved your condition
- A second opinion differs from the first opinion regarding your illness or condition
Hiring an expert medical malpractice law firm can help you understand the specific areas where the healthcare providers have committed medical malpractice. The medical malpractice attorney provided to you by the medical malpractice firm will go through a series of steps to understand the entire case along with its history. After which, they will proceed with the case filing and other important tasks, which will be discussed in the next section.
Proving that medical malpractice has been committed
After you or your family has hired a competent medical malpractice attorney from a reputed medical malpractice law firm. They will need to establish that some form of medical malpractice has happened. The following points will make it easy for you to understand the method of proving the medical malpractice:
- The existence of a doctor-patient relationship due to which the treatment was started
- Negligency on the part of the doctor during the treatment
- The doctor’s negligence caused the injury to the patient
- The injury led to physical pain, mental distress, additional medical bills, and lost wages
Medical malpractice injury cases are possible if any of the points have occurred. The medical malpractice law firm then files a case through the medical malpractice attorney. But before the case is brought to court, it is necessary to select a medical malpractice attorney who can expertly handle the case and ensure that compensation is provided to the family or the patient.
Now that the points that will help prove the existence of medical malpractice have been understand. The next part will be about the qualifying factors that will be useful in selecting a medical malpractice lawyer.
Selecting a medical malpractice lawyer
The most important part that needs the greatest attention is the selection of the best and most competent medical malpractice lawyer who can help you or your family get justice. The following points will help select a medical malpractice lawyer:
- A lawyer specializing in medical malpractice law will handle the case expertly to provide relief to the victim or family.
- A medical malpractice lawyer should not be asking for a consultation fee. In medical malpractice cases, clients are not require to pay upfront except for a “contingency fee.”
- Do a check on the medical malpractice lawyer and their reputation before hiring them.
All the information provided above, along with the points, will aid in selecting the best medical malpractice attorney. As a result, it should be easier for you to hire the best medical malpractice lawyer who can help resolve your case at the earliest.