Wrong treatment or medical negligence is one of the top reasons for death in the US. Not only the US but every country in the world also has a significant number of deaths caused by such issues. Also, it often results in permanent or expensive damage to a patient.
The good news is you can file a medical malpractice lawsuit against the caregiver organization if something like this happens. In this process, a medical malpractice lawyer or attorney can help you.
But before going to a lawyer, let’s know more about medical malpractice.
What is Medical Malpractice?
Medical malpractice can be defined as professional negligence to a care receiver by a caregiver that may result in a lawsuit. Though it is often counted as a part of personal injury law, medical malpractice law has some differences too.
To file a medical malpractice claim, the situation must have four elements. They are-
- The caregiver must have a professional duty to the patient
- There is a specific ‘standard of care’ defined by the law. The caregiver should be unable to maintain the standard. It also means that the care provided by the caregiver should fall below the standard of the care a similarly-trained medical person would give in the same circumstances.
- The patient must suffer damages directly caused by the failure of the caregiver.
- The patient has to experience harm that can be compensated.
A direct discussion with a medical malpractice lawyer would help you to understand the terms more clearly. Let’s see some common types of medical malpractice cases.
Common Medical Malpractice Issues You Can Find a Lawsuit for
Failure to Diagnosis: If the caregiver or medical person can’t provide proper treatment, you can go for a medical malpractice claim. Failure to diagnose includes failure to monitor the person properly or not suggesting the essential lab tests.
Misdiagnosis: Misdiagnosis can be dangerous as it results in wrong or delayed treatment. It happens when the medical person fails to identify what exactly has happened to the patient. If they have to face permanent damage from misdiagnosis issues, they can file a lawsuit.
Birth Injuries: At the time of birth of a baby, if anything is monitored incorrectly, the mother or baby’s life can be at risk. There is a chance that such practice causes lifetime damage to the baby. If the urine rapture is not diagnosed properly, it may result in the death of the mother.
Such birth injuries or accidents are included in medical malpractice lawsuits.
Surgical Malpractice: Surgical malpractice may happen in many ways. The surgeon may botch the procedure for any reason or operate on the wrong body part. Leaving a tool inside the patient is not a rare case nowadays. If anything like this happens, you can sue the surgeon.
Botched Treatment: Botched treatment can be any poor or improper treatment. The treatment may work primarily but cause damage in the long run. Also may harm instantly. For example, giving a wrong dose of anesthesia may damage the nerve, resulting in further issues. This can cause instant death of the person too. In both cases, you can file a lawsuit against the caregiver.
Not Treating at the Right Time: If the patient is ignored and not treated at the right time, the caregiver should be responsible for this. Such types of cases can be filed as medical malpractice claims too.
Besides these, any action of the caregiver below the standard of a similarly-trained medical person’s action can be charged through a medical malpractice claim.
Who can be Sued for Medical Malpractice Claims?
While filing such a claim, you can have several people to sue. It depends on the situation. If something happens only because of the doctor, you can sue them. The most common parties you can sue for a medical malpractice claim are-
- The doctor responsible for the incident
- The nurses taking care of the patient
- Lab technicians, for any fault in tests
- Dentists
- Chiropractors
- The hospital or clinic the patient was receiving treatment
Finding out the exact responsible party is easier in such issues. However, you might be confused if you don’t have any experience with treatments and possible issues. To assist you in that, you should find a medical malpractice lawyer around you.
What Type of Lawyer Handles Medical Malpractice?
Typically, personal injury lawyers handle medical malpractice claims as this is a kind of personal injury issue. However, as such cases have medical treatment and many other technical things involved, you need to have someone experienced in handling such situations.
So, you should talk to a personal injury lawyer who has already handled several medical malpractice cases and knows everything associated with it.
The person may be introduced as a medical malpractice lawyer.
What does a Medical Malpractice Lawyer Do?
The job of medical malpractice lawyers is complex because they have to have a clear idea about both the legal and medical fields. Here is what they do for you.
Checking the Records: When you go to them, they first examine the patient’s medical records. Doing this helps them to understand the situation better. Also, by checking the records, they know if the case is feasible or not.
Most of us don’t know clearly about medical reports and records. So, we become confused about the case’s feasibility. Here the lawyer can help us.
Inspecting the Hospital: If necessary, they visit the hospital and discuss the issue with people related to it. Thus they gather a clear idea about the situation.
This helps in building up the case in a better way.
Taking to Specialists: After checking the records, they consult a specialist about the issue if they find something fishy. Lawyers who practice medical malpractice cases know where to go and how to get the job done.
Making the Case: If everything is okay to proceed, they make the case by arranging everything necessary. This is a complex process that regular people can’t do. Even if we try, it will take a lot of time.
Lawyers help by arranging necessary documents, completing the process, and talking to everyone.
Representing You in Court: Besides filing the case, an attorney represents you in court. Lawyers can’t do it as they don’t have the license to practice on the court.
The whole process of a medical malpractice lawsuit is complex and needs someone expert to handle it. A lawyer or attorney with experience in this field can take you through the process. That’s what your appointed medical malpractice lawyer does.
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How to Find a Medical Malpractice Lawyer?
To enjoy the best result from a medical malpractice case, a good attorney is a must. So, you must know how to choose a good medical malpractice lawyer. Here is how.
Step 1- Searching for Lawyers
The most common way of searching for a lawyer is by asking your family, friends, and neighbors. Someone among them may help you with recommendations. Also, asking search engines can be a good way to find the best medical malpractice lawyer around you.
If you know any lawyer, you can ask them for a recommendation. They can help you with suggestions as lawyers are strongly connected with lawyers from other fields. Also, check your local bar community for a recommendation.
Step 2- Evaluate the Options
Make a list that contains the search results from the previous step. In the second step, start evaluating the options.
Check the websites of the lawyers. It would help you to know about their educational background, activities, and experience. If you don’t get websites, try searching for social media accounts.
While researching, go through the FAQ section to get answers to your primary questions.
Don’t forget to check client reviews and testimonials about them. The reviews on their websites can be false. Try checking websites that are dedicated to reviewing services or lawyers specifically.
Make a shortlist of 5-6 lawyers after the evaluation.
Step 3- Communicate Directly
Now it’s time to communicate directly with them. You can try phone calls to talk to them. Most attorneys offer a free session. Meet them directly in such cases.
In the communication, you’ll describe your case and ask how they can help you. Also, ask for pricing, their availability, the possible time needed, success rate, etc.
While communicating, try checking their communication skill. Good communication skill is a must as it would require them to talk to many people.
Also, mark the person you’re most comfortable with. If you’re uncomfortable with the attorney, you can’t share everything properly.
Step 4- Pick One and Proceed to Further Process
After direct communication, you’ll know who is the right one to pick. Finalize the deal and start working with the chosen one.
Remember, if you want to win the case, you need someone strong and capable. So, even if it takes a day or two more, pick the best possible attorney to work for you.
Questions to Ask a Medical Malpractice Lawyer
In the choosing process, when you directly communicate with the lawyer, you must ask some questions. These questions would help you to have a better idea about the situation as well as the lawyer.
The must-ask questions are-
Do I have a valid medical malpractice case?
Medical malpractice claims should maintain some basic rules. Also, there are a few terms and features like ‘standard of care’ about which you might be unaware. So, without the help of an experienced attorney, you can’t be sure whether your case is valid.
This is why, after describing your situation, you must ask the attorney about the validity of your case.
Do you have experience with similar cases?
Different types of medical malpractice claims have different features and angles. So, the approach can be different even if they are considered medical malpractices. That’s why it is good if your attorney has previous experience with a similar type of case.
Ask the question to know about it. Also, if they have handled similar cases before, ask a few questions about the duration and results of previous cases.
What can be the possible result of my case?
I know that you have questions about the possible result. Don’t worry about asking talking about this to the attorney. After describing everything, ask about the possible result.
The possibility of winning is low if you don’t have any strong points to bring up against the other party. In such cases, don’t waste time by filing a case.
What are the documents I need for the case?
For medical malpractice cases, everything related to the treatment is important. So, you need to have all of them with you. Also, you might need additional documents, including reports about the patient’s current situation.
Ask them about the documents you’ll need to build a strong case.
What can be the possible fields of expense for the case?
The cost of an attorney is not the only expense you need to take care of. There are some other costs related to the case. So, besides asking about the fees and payment process, ask the lawyer about the other possible fields of cost.
This would allow you to be prepared to handle the case better.
Also, ask questions about their experience, limitations of the case, dealing with the other party out of the court, handling the insurance company of the other party, and more. Don’t hesitate to ask a question or discuss anything. The more you’ll talk, the better the result will be.
Compensations in Medical Malpractice Claims
Different states have different rules about such claims. So, exactly what compensation you’ll get can’t be clearly said. However, let’s talk about some common grounds for compensation in such claims.
Medical Expenses: You can claim for the medical expenses of the service that caused the problem and the cost of further treatment. Here you need to claim the exact amount you’ve spent on treatment caused by the medical issue. Don’t add the cost of other treatments here.
Loss of Earning: You can claim this for the period of treatment of the problem caused by the incident. If you were employed, the calculation would be pretty straightforward. If you were looking for jobs, the calculation would be complex here. The attorney can help to determine this.
If a promotion is missed for the issue, you can claim for that.
Loss of Future Earnings: Loss of future earnings would be valid if the incident permanently damages the patient. Just like the previous one, it is easy to calculate for someone employed. But if the patient was looking for a job at that time, the calculation would be a bit complex.
Rehabilitation Expenses: If rehabilitation service is needed for the person to return to normal life, you can claim the cost of rehab as compensation from the party at fault.
Non-economic Damages: You may get compensation for the pain and suffering throughout the whole process. As it can’t be measured by money, your attorney will help you to determine the amount to claim. Both physical and mental pains and sufferings are taken into account while measuring the compensation amount for that.
What is the Cost of Hiring Medical Malpractice Lawyers?
Knowing about the expense allows you to make a better decision. That’s why you must know about the fees of lawyers handling such issues.
The good news is that most lawyers ask for fees following a contingency style. In such a process, you don’t have to bear the lawyer’s fees if you don’t get the compensation. After receiving the compensation, you can pay a portion of it to the lawyers as their fees.
Isn’t it a better plan to have?
The typical range of payment is around 30%-40% of the total compensation you receive. You might find someone asking for a lower or higher charge than this range. But that’s a rare case.
The average contingency fee is 31% of the compensation amount.
The best side of a contingency plan is you don’t have to keep a huge amount ready. You can pay after getting the compensation. Also, lawyers following such a process often become sure of winning before taking the case. So, you have a high chance of winning.
You might find someone asking for a fixed amount as fees. This can be a bit risky as the success rate in medical malpractice claims is very low.
Other Costs Related to Medical Malpractice Claim
Besides the fees of the lawyer, such claims have several fields to cost you money.
The biggest expense field of such a claim is the fee of a medical expert who checks and testifies the medical documents. They charge for every hour spent on the case, including the time in travel and in-court time. As their review is the biggest strength of the case, you must spend a good amount here to get the best person.
Also, there are costs like the court cost of filing a case, fees for getting the necessary documents from the medical or clinic, etc.
If the lawyers are sure about winning the case, they may handle the court and document-related costs primarily. After getting the compensation, you can repay them. However, this option is not frequently available.
Frequently Asked Questions (FAQ)
Are Medical Malpractice Cases Tough to Win?
Yes, such cases are tough to win. The winning rate in such cases is lower than in most other types of cases. The reason can be many.
So, you must be sure about everything before filing such a case. Hiring a lawyer with experience in this field increases the chance of winning.
What is the time limit for filing medical malpractice case?
The time limit or statute of limitations for such cases varies from state to state. In most states, you must file a claim within two years of the incident. The typical range is within 1 to 3 years.
However, Minnesota offers 4 years as a statute of limitations for such cases. Maryland allows 5 years based on some conditions, where 2 years is the typical statute of conditions.
Check the specific law of your state to know better.
Can I handle the case by myself?
Yes, you can handle the case without hiring an attorney. But handling all the complexities of the case will be tough for you. Also, because of not having experience, you may lose a case having a high chance of winning.
I’ve already talked about what lawyers can do for you. So, consider hiring an attorney or lawyer for such cases.