Do no harm: A guide to getting a medical malpractice attorney

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By K.H. Koehler

People trust doctors and nurses to keep them safe and make them well. When they go in for medical care, they put their trust, and often their lives, into the hands of these professionals with the understanding that a certain standard of competence will be met. However, their trust is sometimes broken by a preventable mistake, and the results can change their whole life.

The medical system is naturally complicated, but you have the right to explore when an injury from medical care might be regarded as negligence. As a result, knowing when and how to talk to a malpractice attorney is important in protecting your health, your finances, and making certain the right people are held responsible for the harm they have caused.

If you’ve been injured in a way you didn’t expect after medical care, you might consider exploring options by consulting experienced malpractice attorneys who focus on taking on complex medical cases.

Defining medical malpractice and professional negligence

Malpractice is not just a poor outcome after a procedure. It’s a type of professional negligence, and it happens when a healthcare provider, such as a doctor, nurse, or a hospital, gives you substandard care that causes a new injury, makes an existing condition worse, or even leads to your death.

The American Medical Association has noted on the National Library of Medicine site that “…one in three clinicians are sued at least once throughout their career, with some surgical specialties having an even greater chance of being sued.” The important part is that the injury needs to be caused by the professional failing to meet the accepted standards of care. Medical malpractice can take a number of forms:

• Misdiagnosis: A doctor misses a serious illness even though the symptoms were obvious, which has delayed life-saving treatment.
• Surgical error: A surgeon has accidentally left something inside your body during an operation.
• Medication mistakes: You were given the wrong drug or the wrong amount, which caused you harm.
• Birth injuries: A doctor’s improper handling during a difficult delivery caused permanent harm to your newborn.

These are all situations where a healthcare provider has fallen short of expected medical standards and created a situation that may affect your health and life even further down the line.

Signs you may need a malpractice attorney

Many people are hesitant to contact a lawyer because they aren’t certain if their situation is bad enough to warrant a legal claim. It’s true that every case is unique. However, it’s equally true that there are a number of warning signs that should encourage you to look for legal representation.

• A sudden health crisis: Following a procedure or treatment, if your condition gets much worse or you develop a severe new problem that wasn’t a known risk of the treatment, you have grounds for the case to be investigated.
• Evasive answers: If medical staff are giving you conflicting stories, poorly communicating with you, refusing to let you see your full medical records, or trying to shift blame without a clinical reason for your injury, you could be facing a red flag.

As an example, imagine a teacher presenting to the emergency room with severe abdominal pain, nausea, and fever. Overwhelmed by the number of patients, the attending physician skips ordering a standard-of-care CT scan, attributing it to a minor gastrointestinal issue.

However, within 24 hours, the patient’s appendix ruptures, requiring emergency surgery due to a life-threatening septic infection and causing them a prolonged stay in the hospital. The mistake causes them months of recovery and lost wages. Compensation may include those lost wages and recovery of enjoyment of life.

Why time is everything in a medical malpractice case

Time is a serious factor when it comes to presenting a potential claim. Every state has a strict time limit, called a statute of limitations, for filing a lawsuit, and in malpractice cases, the deadline can be surprisingly short.

As a result, if you suspect a medical error, you need to contact an experienced malpractice attorney right away so they can begin the process of reviewing your medical records, obtain independent medical experts to weigh in if necessary, and determine if the required standard of care was, in fact, not met.

Malpractice attorneys can offer an objective, expert assessment of your particular situation, which is important for navigating the often complex legal and medical landscape. Moving quickly and being upfront about all of your information can help you get an advocate on your side who can help protect your rights and give you the best chance to secure the recourse you need to recover and move forward.

FAQ:

How long do I have to file a claim?
The statute of limitations varies greatly by state, but it is often two to three years from the date of the injury or from when the injury was first discovered. It’s important to check with your state’s guidelines.

What can I be compensated for?
You can recover damages such as medical bills and lost wages, as well as pain and suffering and loss of enjoyment of life. You should discuss what’s recoverable with an attorney.

Does getting a bad result automatically mean I have a case?
No, a bad outcome on its own is not usually enough. You must be able to prove that the healthcare provider was negligent, meaning they failed to follow the accepted standard of care, and that their decision led directly to your injury.

Is it expensive to hire a malpractice attorney?
Most reputable malpractice attorneys work on a contingency fee basis, meaning they only get paid a percentage of the final settlement if they win your case.

The information provided in this article is for general informational and educational purposes only. It is not intended as legal, financial, medical, or professional advice. Readers should not rely solely on the content of this article and are encouraged to seek professional advice tailored to their specific circumstances. We disclaim any liability for any loss or damage arising directly or indirectly from the use of, or reliance on, the information presented.