Most people trust their doctors and medical professionals implicitly. Patients place their lives in the hands of medical professionals, expecting the highest level of care. Health care works best when you believe your doctor or nurse knows what they’re doing and has your best interests at heart.
However, the unfortunate reality is that medical errors can and do occur. They lead to devastating consequences for patients and their families.
When a medical professional’s mistake causes injury or death, they’ve failed to uphold their duty to their patients. These errors result from negligence or substandard care and constitute medical malpractice. The patients who suffer injuries or families who lose a loved one due to those mistakes deserve compensation.
The role of medical malpractice attorneys is to determine whether a client has a legal claim for medical malpractice. Medical malpractice attorneys investigate, represent clients in court, and negotiate with healthcare providers and their insurers if legal action is required.
Improper Diagnosis
This can range from missing obvious signs of an illness to improper reading of a patient’s chart in a hospital leading to complications. Proving this requires proof that a competent doctor would have made the right diagnosis.
Failure to Treat
If a doctor provides the wrong treatment or administers the right treatment improperly, resulting in injury or death, you could have a medical malpractice case.
Inadequate Warnings
It may seem like some doctors go overboard explaining the risks and potential complications of a treatment or procedure, but they do this for liability reasons. If a doctor doesn’t adequately explain the risks of a treatment, they could be liable in a medical malpractice case.
A personal injury claim, including medical malpractice cases, follows a general legal framework. The injured party, known as the plaintiff, files a lawsuit against the allegedly negligent party, the defendant.
In medical malpractice cases, this usually involves healthcare providers. These could be doctors, nurses, hospitals, or medical facilities. The claim seeks compensation for the damages suffered due to the defendant’s negligence. Damages include medical expenses, pain and suffering, lost wages, and more.
Typically, the plaintiff’s attorney gathers evidence, including medical records, expert opinions, and eyewitness accounts, and then presents it to the defendant’s legal team. This evidence is then presented to the defendant and their legal team, followed by negotiations.
If a settlement is not reached, the case proceeds to trial, where both sides present their arguments, evidence, and witnesses. A judge or jury determines whether the defendant’s actions constituted negligence. Then, they decide whether the plaintiff deserves compensation.
In determining whether the medical professional was negligent, the court will review the details of the case to determine if the standard of care was not met. The court considers evidence such as expert testimony, medical records, and other relevant documents. Additionally, it is vital to consider the doctor’s training, experience, and prevailing medical practice.
When awarding monetary damages, economic and noneconomic losses, such as pain and suffering, are typically considered.
Common Types of Medical Malpractice Cases
Medical malpractice cases encompass a wide range of scenarios. Some common types include:
- Misdiagnosis: This can range from missing apparent signs of an illness to improper reading of a patient’s chart in a hospital, leading to complications. Proving this requires proof that a competent doctor would have made the correct diagnosis.
- Failure to treat: If a doctor provides the wrong treatment or administers the right treatment improperly, resulting in injury or death, you could have a medical malpractice case.
- Surgical errors: This refers to mistakes made during surgical procedures, including leaving tools inside the patient. Wrong-site surgery is also common, as is harm to nearby organs.
- Medication errors: Incorrectly administered medications or dosages, leading to adverse reactions.
- Failure to obtain informed consent and providing inadequate warnings: It may seem like some doctors go overboard explaining the risks and potential complications of a treatment or procedure, but they do this for liability reasons. If a doctor doesn’t adequately explain the risks of a treatment, they could be liable in a medical malpractice case.
Reach out to us for a consultation if you are uncertain whether your injuries were caused by medical malpractice.
Is Every Medical Mistake Medical Malpractice?
It’s natural to feel upset when medical treatments don’t go as expected and negatively affect you or your loved ones. When this happens, you might consider legal action against the doctor or hospital involved. However, the rules and laws around these situations are complex. There are clear differences between situations with bad outcomes, honest mistakes, and actual malpractice.
Differentiating Between Situations
In some cases, it may come down to perceptions and degrees. The actions that might seem malpractice to those without a career in health care may be considered acceptable by an expert.
That’s why investigation and expert testimony are often vital in medical negligence and malpractice cases. Having a medical specialist attest to what a reasonable doctor should have done is foundational to any medical negligence case.
Proving Negligence and Intent
Medical malpractice cases require more than proving a doctor failed to fulfill their duty of care. Your attorney must also establish intent, which can be challenging. It’s unlikely that a doctor intentionally wants to harm their patient.
Intent, in the usual sense of the word, is extremely rare in medical malpractice cases, but what’s less rare are doctors doing things they know could result in a negative outcome or covering up actions that they realize, after the fact, caused a negative outcome.
Medical malpractice suits can destroy a doctor’s career or cost a hospital literally millions of dollars. Hospitals and doctors are afraid of them. Your malpractice case will be much stronger if you prove that your healthcare provider attempted to obfuscate or alter evidence to divert attention away from their hospital or employees.
Severity of Negligence
Medical malpractice may also be established if the doctor’s negligence was particularly grievous. If your doctor knowingly prescribed you multiple medications with potentially dangerous interactions, that may constitute malpractice. Intentionally concealing a high risk from a patient may qualify as intent.
It can be challenging to determine whether these elements truly apply. Therefore, talking to an injury lawyer with experience handling medical malpractice cases is critical. At the Dressie Law Firm, we do our best to explain your case’s chances and the factors that may dictate success or failure.
How the Dressie Law Firm Can Help
To prove medical malpractice, we will need to provide evidence showing that:
- The medical professional didn’t meet the standard of care
- The sub-standard care the medical professional provided caused an injury or death
Our investigation will involve gathering evidence, reviewing medical records, and consulting medical experts to determine whether negligence was involved. Using our findings, we can determine whether medical malpractice occurred and chart a course for remediation.
Your experienced malpractice lawyer will work to negotiate a fair settlement with the healthcare provider and their insurance company. If the negotiations are unsuccessful, they will be ready to litigate and fight for your rights in court.
As you navigate the complex legal system, your lawyer will provide sound legal advice and ensure your rights are protected every step of the way. Your lawyer will be your advocate and prioritize your best interests. Our team will be sure to communicate with you regularly and keep you informed on the progress of your case. If the negotiations are unsuccessful, they will be ready to litigate and fight for your rights in court.
Contact the Dressie Law Firm for Your Medical Malpractice Claims
When facing the overwhelming aftermath of medical malpractice, seeking legal assistance is crucial. The Dressie Law Firm, situated in Atlanta, GA, offers a beacon of hope for those affected by medical negligence. Our experienced medical malpractice lawyers can guide you through these complex cases.
Our team at the Dressie Law Firm would gladly assist you in this endeavor. As medical negligence attorneys with extensive experience, we know how to navigate the litigation landscape in a way that can ensure the best outcome for our clients. Because we know that these are sensitive cases, we strive to treat all our clients with the sensitivity they deserve while also giving their case the attention it deserves.
Let our professional, customer-oriented team help you today with a free consultation. Call today to get started.
