Medical Malpractice Lawyer
When you visit a doctor, you trust that they have your best interests at heart. Every doctor should be knowledgeable, act responsibly, and practice ethical guidelines when they see a patient. As a medical malpractice lawyer can explain, this doesn’t always happen and patients gets injured in a completely avoidable act.
Medical malpractice is a serious offense. Here we have answered some commonly asked questions any victim of medical malpractice should read.
What Is Defined as Medical Malpractice?
Medical malpractice is when a medical care professional strays from standard of care in their practice, depending on the amount of time they have been practicing. This means that a cardiac surgeon in New York City with 15 years of experience should treat patients in the same manner as a cardiac surgeon in Baltimore with the same level of experience.
Who Can Be Charged With Medical Malpractice?
Anyone who was involved in the act that injured you. This can mean anyone from the nurses, technicians, doctors, to even the hospital as a whole.
If I Am Not Satisfied With Results of Surgery or Treatment, Can I Sue?
No, patient satisfaction with a procedure that was done in a safe manner is not a liable claim for medical malpractice. This is because when you go in for a treatment of any kind, there are assumed risks that you may not like the results. Just because the end result is unexpected, doesn’t mean that any negligence happened. To have a medical malpractice claim, you need to prove damage occurred during the treatment or post-op care.
Additionally, you have the right to informed consent. This is when the physician lists out any and all treatment benefits, risks, and possible alternatives so the patient is aware of any possible dangers. This should be done prior to surgery, with the patient’s written signature affirming they understand everything. Informed consent is a law in all states, and the withholding of this information can be the basis of a malpractice suit.
What Should I Do if I Feel I Am a Victim of Medical Malpractice?
Contact a lawyer right away. You’ll want a consultation to explain what happened to you, what evidence you may have against the medical professional(s), and to discover next steps. There are statute of limitations that come with medical malpractice, so to ensure your rights are protected, you won’t want to waste time in seeking legal help.
What Damages Are Available to Me?
This depends on your specific situation, but in general there are three classifications of damages awarded in medical malpractice cases.
General damages: These are given as compensation for pain and suffering caused from the accident.
Special damages: Compensation for quantifiable expenses from the accident, including medical and insurance payments, lost wages, and even funeral costs.
Punitive damages: Brought against the medical professional to punish them for their actions. Specific punitive damages such as revoking of their medical license are common in these cases.
As a victim of medical malpractice, you need a medical malpractice lawyer to help navigate the complexities of the law for you. Do not face the doctor that hurt you alone, and call a medical malpractice law firm to schedule a consultation today.