What is Medical Malpractice?
Medical Malpractice is defined as professional negligence by a health care provider in which care provided deviates from accepted standards of practice and causes injury or death to the patient. A doctor or hospital can be sued for missing a diagnosis, failing to order tests, delaying treatment or other unreasonable conduct which causes injury to a patient. Medical injury lawsuits can be very complicated and are almost always heavily contested. In order to win these types of cases, you need an experienced and dedicated law firm like Hardy Wolf & Downing on your side.
When does Medical Malpractice occur?
Medical Malpractice occurs when a patient is injured by the failure of a doctor, nurse, pharmacist, or other health care practitioner to provide adequate medical care. We have found that injuries related to medical malpractice often do not arise until sometime after the negligent act. For example, suppose a surgeon inadvertently leaves a surgical sponge in his patient’s stomach, the patient may not develop health issues until long after the surgery. Or in the case of birth trauma’s, many costly errors made in childbirth delivery do not become apparent until developmental milestones are not met by your child 1-2 years down the road.
Other possible medical malpractice circumstances include but are not limited to:
- Complications or errors during surgical procedures
- Failure to advise the patient of the foreseeable risks and/or alternative methods of treatment pertinent to a patients care
- Inaccurate levels of anesthesia administrated
- Incisions or operations made on the wrong body part
- Medication type, dosages and use errors by health care providers
- A 2006 study by the Institute of Medicine found that medication errors are among the most common medical mistakes, harming at least 1.5 million people every year. According to the study, 400,000 preventable drug-related injuries occur each year in hospitals, 800,000 in long-term care settings, and roughly 530,000 among Medicare Recipients in outpatient clinics.
Medical malpractice is a very specific area of the law which our experienced attorneys take pride in focusing on. Unlike some types of lawsuits, it is critical that you act as soon as possible in all medical injury cases. While you have three years to file, the sooner the evidence can be gathered, the better your chances for the claim. Memories fade, records disappear and doctors move. If you think you have a claim you’d like us to evaluate for free, call now.
What is my case worth?
The important factors when determining the level of settlement is specifically based on the number of medical bills, life care costs, employment damages, and pain and suffering.
Medical bills can be an overwhelming source of pain and suffering. In many cases, they will run well over $100,000 if there is extended hospitalization with subsequent physical and vocational rehabilitation. Getting these bills paid is often the primary goal of the malpractice victim’s family.
Life Care Costs
Lifecare costs are often defined as not only the future medical bills but also the amount it will cost to provide rehabilitative treatment and in-home care. The vast majority of in-home care will be conducted by family members who may have to quit jobs in order to take care of their loved one. This also adds to the financial burden medical injuries can cause.
After a medical injury, a person may no longer be able to work at their previous occupation and will be forced to find work in a more adaptable, lower paying field. Or in some cases, they will be unable to work at all. Determining income losses requires a highly experienced law firm, such as Hardy Wolf & Downing.
Pain and Suffering
Pain and suffering calculations are often combined with employment losses and damage to one’s family life. Usually, you will have to look at the lifelong impact the medical injury will have on one’s life. It is important to focus on how much life care costs will be along with the employment losses and damage to the victim’s family life.
To find out if you have a medical malpractice case, contact us for a free and confidential consultation. If possible, bring any records you might have. We will evaluate your case for free to see if it’s something you wish to pursue.