Why You Need a Medical Negligence Lawyer
Have you lost a limb or have you been disfigured because of medical negligence? Did your child suffer a brain injury at birth and do you suspect malpractice? Did a doctor fail to follow up after an invasive surgery, and because of it, you suffer long-term injuries? Did the surgeon forget a medical tool in your body after surgery?
If you have answered yes to any of the above questions, get in touch with a medical negligence lawyer as soon as possible, as there is a limited timeframe in which you can take legal steps for medical negligence or malpractice.
When Is It Not Medical Negligence?
Not all medical mistakes are negligence and if you have not suffered damage as the result of the mistake made by a healthcare provider, then there is no malpractice. If your actions have caused the injury, then it is also not negligence or malpractice on the part of the healthcare team. To this end, we recommend seeking legal advice from an experienced medical negligence lawyer to help determine the merits of your case.
What Is Considered Malpractice?
In order to qualify as malpractice, you must have suffered physical injury and damages as the direct result of the actions or lack thereof on the part of the healthcare provider. The specific healthcare provider must have been responsible for your medical care and their actions must have led to injury. There must have been a doctor-patient relationship and, therefore, a duty of care. Even if the above is true, you still need advice from a medical negligence lawyer regarding the merits of your case. This is so because there is another element that must be present for it to have been malpractice.
The healthcare provider must have failed in providing a reasonable standard of care. This can be difficult to prove since one has to look at whether another healthcare provider in the same situation would have followed the same treatment path and would have given the same level of care. To this end, the medical negligence lawyer will seek expert opinions from other medical specialists in the same field of medicine.
What Can You Claim?
You can claim damages for pain and suffering if the injury sustained is serious and permanent. You can also claim damages for past and future medical costs, loss of earnings, loss of life amenities, post-injury care, and any other costs directly related to the injury. To this end, speak to an experienced medical negligence lawyer regarding the steps to take in order to be compensated for the injury and damages suffered. You can also claim for funeral and other expenses best discussed with an experienced medical law attorney.
Get in touch with Houghton Harper for assistance in determining the merits of your case.
Disclaimer: This article is for information purposes only and does not constitute legal advice. Call on our attorneys for legal advice, rather than relying on the information herein to make any decisions. The information is relevant to the date of publishing – March 2019.