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Medical Malpractice Attoney

Claims for patient injuries that result directly from a doctor, nurse, medical professional or hospital’s act of negligence or omission.
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What Is
Medical Malpractice?

Medical malpractice law covers issues where a healthcare provider, hospital or other medical professional injures a patient. This injury may come from an act of omission (such as failing to review imaging scans in a timely manner) or negligence. According to medical malpractice law, all valid claims must share the following characteristics:

  • Your healthcare provider or facility violated the acceptable standard of care for treating patients under similar circumstances. In other words, your doctor or hospital didn’t give you the proper treatment patients typically get in your situation.
  • This act of either negligence or omission directly caused your injury. This means you would not have the injury you do now if the medical provider treated you as usual.
  • You can prove the injury resulted in significant damages that an attorney may recover from your provider through litigation. Finally, this means your injury resulted in significant medical bills, lost wages, pain and suffering, or other expenses.

What Injury Claim Types Does Medical Malpractice Law Typically Cover?

Here are the most common reasons why people file claims with attorneys who specialize in medical malpractice law:

  • Misdiagnosis (46%). This can mean your doctor diagnosed you with the wrong thing, didn’t diagnose you at all, or failed to catch something in its early stages, such as cancer. Unfortunately, recent reports show that a little less than half of misdiagnosis claims are filed on a deceased patient’s behalf. About 68% of claims represented by attorneys specializing in medical malpractice law resulted in a settlement.
  • Incorrect medical treatment (about 20%). Most often, these claims involve heart-related treatments that don’t involve medication, pain management, wound care, and blood transfusions.
  • Medication errors (about 16%). Most claims involve doctors not monitoring patients closely enough while on medication. Others claims allege doctors failed to prescribe medication at all, prescribed the wrong drug, or the wrong dosage.
  • Childbirth injuries (about 11%). The vast majority of birth injury claims involve damage to the baby’s brain. Cerebral palsy is a common reason why parents file birth injury claims. Attorneys that practice medical malpractice law commonly represent cases involving children that require lifelong care or wrongful death claims.
  • Surgical errors (about 7%). This can include anesthesia errors, accidental injuries during a procedure or leaving items inside your body post-surgery. Maybe your doctor put in a temporary IVC filter, but never scheduled surgery to remove it. As a result, you suffered a device fracture and migration injury that punctured your lung or spine.
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Do You Need a Lawyer That Specializes in Malpractice Cases to Win a Settlement?

Many people might not realize that medical malpractice insurance is a major expense for most healthcare providers and hospitals. For this reason, your hospital, nurse, or physician won’t have to pay your expenses out of their own pocket. However, insurance companies aren’t going to simply pay you all the money they owe you for your injury. In fact, it is extremely rare for medical malpractice insurers to offer to settle unless you file a lawsuit. However, researchers also say that medical errors are the #3 cause of deaths in the U.S. (The first two causes are heart disease and cancer, according to the CDC).

If you believe you or your child’s injury is the result of medical negligence, then consult an attorney right away! Many states have strict requirements and steps you must follow before you can file a lawsuit against any healthcare provider. Only an attorney in your state who specializes in medical malpractice law can accurately advise you about your potential case.

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