Medical Malpractice Injuries
Nurses, doctors, surgeons, and other medical staff are supposed to be our saviors when we are struggling with our health. But what do you do if the medical treatment actually made you worse? The Advocates Law can help you. The Advocates Law has extensive experience with medical malpractice lawsuits. Whether you were given drugs you are allergic to, given inappropriate prescriptions, or went through incorrect procedures, the Advocates Law is ready to help you win your case. The main obstacle with medical malpractice injuries and lawsuits is establishing the burden of proof. Reaching the burden of proof requires:
- The medical provider did not follow the accepted standard of care,
- The medical provider promised that the injury wouldn’t occur or
- The medical provider did not receive consent from the patient.
Breach of Standard Care
During a medical malpractice case, the most important thing to prove is a breach of care. All medical professionals must follow the standard care for a patient. In order to fulfill their duty, the medical professional must exercise a degree of skill and care. If the medical professional does not meet this standard, he/she is liable for damages. If the case goes to trial, expert witnesses will explain the standards and appropriate procedures that should have been used.
Breach of Promise
A breach of the medical promise is hard to prove for medical malpractice cases. For example, a breach of promise happens when a medical provider promises to heal or ease your symptoms and does not do so. Another example is if a provider promises no side effects and additional injury is sustained after treatment. These promises made to the patient or their family can be delivered as either written contracts or verbal assurances.
Failure to Secure Informed Consent
A health care provider has a legal duty to inform the patient of all material facts relating to the proposed treatment. Some of the facts include:
- The risks
- Any alternatives
A provider’s failure to inform the patient of relevant facts, risks, and alternatives may subject the provider to liability for damages. Patients are usually provided with consent forms before a procedure. These forms show the nature of the treatment, expected results, alternative forms of treatment and possible risks, as well as the complications and benefits. Before treatment, the patient signs the form, showing he/she gives informed consent. The medical provider can also verbally present the consent form. The patient will then sign a shorter document to indicate the patient listened to and understood the information rehearsed by the health care provider.
Medical Malpractice Statistics
Over half of physicians over the age of 55 have been sued at some point in their career.
- 67% of the medical malpractice cases end in the court ruling against the injured party.
- 43% of cases that do win are settled for a dollar amount higher than any other type of tort case.
Medical malpractice cases are difficult, but the experienced medical malpractice attorneys at the Advocates Law know what to look for. We will let you know if your medical malpractice case is viable during our free consultation.
Medical Malpractice Lawsuit
Unfortunately, medical malpractice cases come with a statute of limitations of three years, so the process of litigation needs to start as soon as possible.
What Can I Expect During the Lawsuit?
During a medical malpractice lawsuit, your attorney will gather your medical records from the time of the injury. The attorney will then thoroughly inspect them. Medical records are the easiest way to prove whether or not medical malpractice occurred. The provider’s written notes are concrete evidence for or against the provider. Your attorney will also contact similar providers to gather additional opinions on your procedure. They will ask the similar provider for their opinion on any potential breaches of care, promise or consent, and ask them to take a second look at your medical records to find potential negligence.
Finding Medical Malpractice Attorneys
The Advocates Law has experienced medical malpractice attorneys. We offer assistance when patients have been mishandled or injured by their medical provider. We promise to work tirelessly on your medical malpractice case, and ensure the highest compensation possible. The Advocates Law won’t just be there for you with your case, but also will provide the needed emotional support. We will also explain every step of the litigation process. The Advocates Law works on contingency, which means we will not see a dime until you have been compensated. If you think you have a medical malpractice case, please don’t hesitate to call us. The Advocates Law’s experienced medical malpractice attorneys are available day or night to help you with your claim.