Malpractice happens when a medical professional acts carelessly or negligently. This might include a wrong diagnosis, improper treatment after surgery, poor care management, mistakes in treatment, or a patient’s plan for after they leave the hospital.
The law says that doctors and nurses must now follow certain rules and guidelines. These standards could apply to administrators, doctors, nurses, and anyone else who works for the hospital. When the rules aren’t followed and someone gets hurt, there may be problems. A patient should feel safe and secure while being cared for by a hospital and its staff. If the right steps haven’t been taken, malpractice could happen.
When a health care facility or its employees don’t follow the right steps, they put themselves at risk of being sued. If a patient is sent home before they are fully healed — or while they are still hurt — the health care provider may be responsible. There are times when tests aren’t done when they should be, the wrong surgery is done, mistakes happen during surgery, or a wrong diagnosis is made.
When a patient’s care doesn’t meet current standards, a lawyer may be able to show that the patient was hurt because of medical malpractice and should be paid for their injuries. The “but for” standard is what the law uses to decide if an injury was caused by medical malpractice. This means that the patient would not have been injured if the healthcare professional hadn’t acted.
If you’ve been injured and think it might have been the result of medical malpractice, it’s in your best interest to seek legal counsel.
Trying to Find a Lawyer
Malpractice lawsuits take a long time and need the help of a lot of people to win. Because these cases take a long time, cost a lot of money, and require a lawyer to work a lot of billable hours, it is best to make sure the case has a good reason for being brought up and that there is proof to back up the claim.
In some cases, a doctor or nurse did something that wasn’t standard procedure and caused long-term damage — cerebral palsy is a good example. This could make things worse for family members who are already sad because they have to watch their loved ones slowly die. When a patient needs long-term care or becomes disabled, they lose money. This puts more stress on the patient’s family and on the injured person.
A malpractice lawyer must have a lot of experience and know what kinds of damages medical malpractice victims may face. They must also be available to dedicate the time and energy necessary for a successful outcome.
Assessing Potential Lawyers
When looking for the best lawyer, it is important to look at how knowledgeable each one is about medical malpractice. This is a very specific area of the law that often depends on the testimony of legal experts and the hard work of lawyers. A person who does this kind of legal work must follow strict rules. They need to have gone to school, have high moral standards, have a lot of experience, and be great at liability law.
Get a lawyer who has experience with medical malpractice cases and knows about the medical field. If you ask friends, coworkers, or people you care about for suggestions, you might get a good answer. Once you have the names of a few good lawyers, you should find out more about each one. Contact the state bar association and find out if the lawyer is still licensed and if they have ever been in trouble with the law.
You’ll also want to check to see if the lawyer is a member of The American Association of Trial Lawyers or any other professional medical malpractice law groups. When the search has been narrowed down, set up meetings with the lawyers who are still on the list. During your meeting with the lawyer, ask for a list of people you can call as references. Also, ask how much of their business is made up of medical malpractice claims and how often they win.
It is also important to be clear about how and when payment will be made. There are lawyers who will pay for everything until a deal is made. They get paid when the lawsuit is over and a settlement is reached. This is called taking a case on a “no win, no pay” basis. You may have to pay for a legal expert to help you understand the jargon, what procedures or medicines were used and why, and other things.
It takes time and research to find a lawyer for medical malpractice. Lawsuits are expensive and time-consuming, but it’s worth taking the time to find the right lawyer.
