Friday, August 25, 2017
When You Need A Medical Malpractice Lawyer
Reports show that more than 90,000 Americans are affected by medical errors annually, some of which even result in death. Although the number of medical malpractice claims is high, not every unfavorable medical outcome is a case of malpractice. In fact, to prove medical malpractice, the plaintiff must prove that their damages are indeed a result of an error on the medical practitioner's behalf and not simply a complication or risk of treatment or procedure.
Medical malpractice lawsuits can be some of the most costly and challenging to prove in the court of law. Due to the particular challenges common to these cases, and determining whether your damage is a result of medical malpractice, it is essential you seek the counsel of an experienced and highly rated medical malpractice attorney.
What is Medical Malpractice?
Medical malpractice occurs when someone is injured by a medical professional who neglects to provide reasonable care. To be awarded medical malpractice compensation, the plaintiff must prove a physician-patient relationship existed, the physician was negligent, the physician's failure to provide reasonable care caused the injury, and the injury led to the said injuries.
There are various ways to prove medical malpractice, all of which are based on whether or not the doctor applied the proper standard of care. The following common examples of medical malpractice will help you determine if you need a medical malpractice lawyer:
Failure to Diagnose
Medical malpractice has occurred when you feel that your physician failed to diagnose your condition and it lead to the worsening of your condition. This can occur when your doctor did not recognize your illness or condition, making an improper diagnose and treatment plan. Medical malpractice happens when these decisions prove to be detrimental to your health.
Failure to Inform a Patient of Possible Risks
The exact definition of informed consent varies from state to state; however, it typically means that a medical practitioner must notify their patient of the risks, benefits, and if there are any alternative options involved in any medical, surgical, or other procedure. Additionally, they must get the patient's written consent to begin the course of action.
In many cases, the failure to get written consent from the patient before providing treatment or procedure is a type of medical negligence and may even provide proper cause for a lawsuit.
It is your medical provider's obligation to provide care in the same manner that any other skilled medical provider in his or her position would.
If you feel that you have suffered damages due to inadequate treatment by your physician, or your medical case was handled differently than another doctor would have handled it, then you may have a medical malpractice claim. Similarly, if your doctor decides on the appropriate treatment but administers it incompetently, you could have a medical malpractice claim.
Improperly Prescribed Medications or Medical Devices
In some cases, a physician can ignore a manufacturer's instructions or incorrectly prescribes a medication or amount, which results in harm to the patient, in which case the medical professional could be held legally responsible.
In these cases, the prescribing doctor is responsible, due to her or his level of knowledge, in addition to the fact that she or he has been given sufficient information from the manufacturer and he or her in the best position to determine whether a particular medical device or medication is suitable for a patient; therefore, the doctor has the primary obligation of counseling the patient of the potential side effects and risks involved with a medical device or medication she or he prescribes.
Sometimes a pharmaceutical manufacturer is responsible for a medication which causes a patient harm, but only if the manufacturer neglected to warn of possible damages or side effects of the medication.
The Best Qualifications for Finding a Lawyer
These are just some of the cases involving medical malpractice and ways to determine if you need an attorney. When selecting a Medical Malpractice Lawyer, it is important to choose an attorney who is highly experienced in the area of medical malpractice and who is well known and respected by lawyers and teams of lawyers as a tough lawyer to go up against to help ensure the best outcome for your case.
Also, a qualified attorney will enable you to schedule a free consultation to go over the details of your claim, including all applicable paperwork, and determine the best way to proceed with your case, and he or she will not charge a fee for your case unless your case or settlement is won.
In cases involving settlement, a qualified attorney will have a history of negotiations and can help determine how much your case is worth. Furthermore, they will be able to help you obtain a settlement amount that is greater than what the insurance company has presented, with little inconvenience and costs as possible, and will hold out however long it takes.
About the Author
Thomas Valet is a Lng Island and NYC Medical Malpractice Lawyer at Valet Law. Tom has the necessary resources, experience, and track history to determine the nature and severity of your case as well as the degree of harm and the amount of damages, to help ensure your case gets handled the best way possible. Learn more by visiting of ValetLaw.com.