If you have suffered injuries or emotional trauma after being treated at the doctor’s or dentist’s office, you may be entitled to file a medical negligence lawsuit. An experienced medical negligence attorney can help you file a lawsuit against the offending party, and ensure your rights are protected throughout the litigation process. Medical negligence attorneys are skilled in working through complex cases that involve personal injury, medical malpractice claims and wrongful death.
Reasons to Work with a Medical Negligence Attorney
If you have been the victim of medical malpractice in any form, you will need to contact a medical negligence attorney as soon as possible to file a claim. Medical malpractice is the term used to describe any type of medical mistake that a doctor or medical professional makes when administering treatment or performing surgery.
When a medical professional fails to meet certain standards, they are guilty of medical negligence. A medical negligence attorney will need to spends some time evaluating your case and can determine what type of medical malpractice or negligence has taken place. Some of the most common types of medical malpractice cases brought against medical professionals, include:
- Birth injuries, such as Cerebral Palsy, Spina Bifida and Erb’s Palsy
- Failure to diagnose a medical condition or injury properly
- Improper diagnose of a medical condition or injury
- Surgical mistakes and errors
- Physical, mental or sexual abuse in the hospital or nursing home setting
- Negligence of the patient’s needs and care
- Lack of trained staff at the hospital, medical center or nursing home
Filing a Medical Negligence Claim
Medical negligence and medical malpractice claims must be filed within a certain time frame in order to be approved, and you will need to provide certain details and documents to support your claim. Every patient has the right to file a claim when they have been hurt, abused or injured after seeing a doctor or dentist.
If you are prepared to take your case to court, you will need to work with a qualified and experienced medical negligence attorney so that they can establish the following:
- Duty was owed – the health care provider has a legal duty to take care of the patient and provide adequate treatment. If they failed to do this appropriately, they may be guilty of medical malpractice or medical negligence.
- Dereliction of duty – a breach of duty by the healthcare provider, because they were not able to deliver an acceptable standard of treatment, or they delayed treatment in some way.
- Breach caused an injury –proof that the medical professional’s negligence caused an injury and this injury could have been avoided if the practitioner had followed certain standards or protocol.
- Damages occurred – proof that the patient had to pay for extra medical expenses, lost wages, missed work or experienced severe emotional distress and suffering as a result of their visit
Filing a medical negligence claim on your own can be a complicated process, so it is in your best interest to work with an experienced medical negligence attorney.
