Is Medical Malpractice difficult to prove?
Malpractice is negligent professional conduct, and, if found guilty, a doctor can be stripped of his license to practice medicine. So a medical malpractice attorney must not only be of unimpeachable integrity, but work to restore the professional reputation of his client, by understanding, and showing how, the doctor he’s representing may have been merely mistaken, and not negligent. This requires such a lawyer to have basic knowledge of medicine and to study the facts of the particular medical procedure(s) where negligence has been alleged.
What is a MEDICAL MALPRACTICE Attorney?
Medical malpractice lawyers handle the legal cases of individuals or of their families that have been victims of medical maltreatment or death due to negligence. Medical malpractice attorneys help fight for a patient’s legal right to receive some kind of compensation for becoming a victim of negligence. A medical malpractice lawyer should probably be consulted if you feel that you or a family member have a legitimate medical malpractice claim.
FACTS ABOUT MEDICAL MALPRACTICE LAW
A medical malpractice lawyer handles all of the legal bureaucracy involved in legal malpractice cases. If an individual has been a victim or knows someone who has been a victim of medical malpractice, professional legal advice should probably be obtained from a medical malpractice attorney. Some serious medical malpractice cases involve the deaths of the victims. In such cases, hiring a medical malpractice lawyer is probably the right move for the families of the victims.
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A mistake is leaving your wallet in a different pair of pants, not giving a patient the wrong medication. When a doctor is careless, someone could suffer serious injuries, possibly die. The word ‘mistake’ isn’t enough to describe the level of damage that an error by a medical professional could cause, which why we use the term ‘medical malpractice.’ A doctor has the duty to provide a standard of care at each phase of the healthcare process, from diagnosis all the way through the treatment process. That requires focus, attention to detail, and above all careful consideration of the patient’s wellbeing. Disregarding safety is inexcusable. Holding a medical professional accountable for their reckless behavior isn’t usually a criminal matter, but a civil one. How can an injured patient or their family force a careless doctor to account for the pain and suffering they’ve caused? Hiring a New Jersey (NJ) & Pennsylvania (PA) lawyer is the first step, but certainly not the last.
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The Doctor Says It’s Nobody’s Fault
Of course, the doctor says no one is to blame for your loved one’s injuries – because the doctor is the one who caused them. Your family member wasn’t the victim of bad luck or responded poorly to treatment. They suffered at the hands of an inept physician who didn’t provide care to the standards their profession requires. The behavior of that nature shouldn’t receive an award or a conciliatory pat on the back.
Carelessness in the medical area of personal injury law can take many forms and come from multiple situations:
- Failure to Diagnose – missing the presence of disease or other problems on a diagnostic image, including an X-ray or MRI, causing a measurable decrease in a patient’s likelihood of survival.
- Error During Surgery – a doctor making a mistake during surgery – leaving foreign objects inside the body, amputating the wrong limb, failing to disinfect properly – can lead to significant complications, even death, for the patient.
- Prescription Drug Problems – prescribing medications is an integral part of the treatment process. Intentionally prescribing lethal levels of meds is as careless an action as there is in the medical community.
- Failure to Treat – physicians serving in hospital emergency rooms have an obligation to assess all incoming patients for life-threatening conditions. Failing to take the necessary time to rule out serious medical problems before discharging them could be a sign of negligence should patients suffer additional injuries or death from conditions the ER physicians missed.
Factors that Complicate Medical Malpractice Claims in Court
Pursuing a doctor for the injuries your family member suffered while in their care is expensive. Your claim needs medical experts, detailed records, and no shortage of court documents needing notarization to meet strict filing deadlines. Doing all that on your own can exhaust your bank accounts and a fair share of the retirement you’ve set aside for your golden years. Going it on your own is insane.
Hiring a law firm to pursue a claim on your behalf allows you to sit back and focus on your loved one’s recovery. If the incident claimed your family member’s life, the time the firm frees up can be used to grieve their loss, work to heal as much as possible. You won’t have to worry about filling out forms or contacting the doctor’s insurance company on a daily basis to convince them you have a valid claim.
Don’t Feel Sorry for Careless Doctors
Many physicians decry the costs of liability insurance, claiming that the jackpot justice system has run them out of business. Payouts from lawsuits associated with medical errors have declined every year since the mid-90s, and account for less than 2 percent of all healthcare spending in the United States. Payouts to injured victims and their families aren’t the problem in this country. Errors are the issue, and reducing them is the only way we’re going to halt claims and associated spending.
A doctor’s personal assets won’t be touched when your legal team files a claim against their professional liability insurance. Don’t worry, they won’t lose their home or go bankrupt – that’s why they have insurance in the first place.
Going after a doctor for the harm they’ve caused you and your family isn’t just about obtaining compensation; it’s about reducing the chances that the physician harms someone else in the future. Experienced lawyers not only secure money damages, but they also review physician records to determine how often the doctor finds himself in court for a medical mistake. They can work with state authorities to see the doctor has their medical license reviewed, and if necessary, revoked. No one else should have to suffer the way you and your family have.
File a Claim Before It’s Too Late
The law may only give you and your family a limited amount of time to file a claim against a doctor or hospital that caused your injuries. The sooner you hire a law firm to represent your interests, the faster they can begin accumulating evidence and notifying all interested parties that you intend to uphold your rights. Even if you don’t believe you have a claim, a legal team can explore your case to determine whether or not negligence is at play. The last thing you want is to allow a doctor’s reckless mistake to go unpunished leaving you to shoulder the additional medical bills on your own.
If or a family member is dealing with the aftermath of a doctor’s failure to provide adequate treatment or care, you need help this instant. By completing the form below, you take the first step to reclaiming what the person you trusted took from you. Our legal team will get in touch with you as soon as possible with a FREE consultation to discuss your claim and paths to compensation.