Injured By Medical Malpractice?

According to the Journal of Patient Safety, an estimated 400,000 patient deaths happen each year due to medical errors. If you were injured or if a loved one was injured or has died due to the negligence of a doctor, nurse, hospital or medical facility, then you deserve justice.

Filing a medical malpractice claim can be stressful; it’s crucial to have an attorney who will fight for the compensation you deserve.

What is the Legal Definition of Medical Malpractice?

Medical malpractice occurs when a patient is injured or dies due to the negligent act or omission of treatment by a healthcare professional. The law ensures that all patients receive a standard level of care, but when medical professionals deviate from this standard, negligence may arise. In order for a medical malpractice case to have merit, a patient must be able to prove that she/he sustained significant damages such as a disability, emotional trauma or lost wages.

The 5 Elements of Medical Malpractice You Must Prove

You were owed a standard level of care.
A medical professional failed to provide you with the standard level of care.
Your injury occurred due to a direct breach of duty.
The medical professional was acting in contrast to the generally accepted standards of their profession.
Damage was caused due to the negligence of a medical professional.

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Medical Malpractice Victim's Legal Rights

Medical mistakes can lead to serious, lifelong injuries. Our attorneys represent people who have been injured in many types of medical negligence cases, including those involving surgical errors, medication errors, nursing errors and healthcare facility malpractice.

Having a deliberately negligent physician is rare; in most cases healthcare professionals unknowingly commit medical errors. When a victim files a medical malpractice lawsuit they’re bringing unintentional occurrences to the forefront, offering a teaching moment for other physicians. These physicians then analyze their own practices, learn from mistakes and work harder to promote patient safety.

Proving a medical error was caused by negligence can be complex. Victims who seek the legal guidance of a medical malpractice attorney often recover more in damages than those who attempt to represent themselves.

Why Use Personal Injury Help?

If you were injured or if a loved one was injured or has died due to a medical malpractice incident, then you deserve justice. Our free case review service is ready to connect you to an attorney who best fits your needs and will fight to maximize the amount of compensation you receive.

Your injury is a priority and should be treated with great care and compassion. We understand what it takes to get your life back on track. Get your free evaluation today to find out how one of our network attorneys may help you.

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Frequently Asked Questions

How long do I have to file?

The law limits the amount of time you can file a claim and collect damages for your injury. That law is called the Statute of Limitations. No matter how great your loss, you will not be able to collect if you miss this deadline. Your lawyer will know all the deadlines for your state. Putting a claim together can take time, so it's important to consult with a lawyer near you as soon as possible.

How do I know if I have a case?

To have a case, you must prove that: 1. Legal duty existed, 2. The defendant(s) failed to exercise that legal duty, 3. The plantiff(s) were injured directly or indirectly because of that breach of duty, and 4. There were damages (money lost) that can be recovered from the defendant.

What Is Liability?

Liability is when someone is legally responsible to another person because of his or her actions or failure to act. In a medical malpractice case there may be several parties who have a certain degree of liability or responsibility for the accident.

What Is Negligence?

Negligence is when one party is careless in its duty to someone. For example, if a medical professional acted hastily and failed to take certain pre-surgery steps required and accepted by healthcare professionals, which then caused you to become further injured during surgery. Negligence is often part of medical malpractice cases.

What Can Be Considered Damages?

Damages is the legal word for the money an injured party has lost due to an injury. Those damages could be medical bills, prescriptions, time off from work, lengthy recovery time, and also pain and suffering. Most insurance policies only cover certain parts of the cost involved in common injuries like car accidents, slip and falls or workplace illnesses. For example, they may pay the hospital, but not rehabilitation specialists. Personal injury lawyers make it their job to recover damages from all responsible parties and cover more than just medical bills, but also things like pain and suffering, emotional distress and time lost from work.