When we go to a doctor’s office or a hospital for treatment, we expect to feel better when we leave. There are situations, however, when this is not the case. Physicians, surgeons, and other healthcare professionals have a history of making mistakes. Misdiagnoses of diseases, patients who have been neglected, and vital test results read incorrectly are all examples of mistakes. Individuals and families suffer the effects of bad medical practice or medical malpractice in today’s world of giant insurance companies. When a client has been wounded due to bad medical practice or medical negligence, our law firm has extensive expertise in taking on doctors and hospitals. We fight for our clients and their families with the top experts on the planet. We work hard to obtain victims and their families the compensation they deserve.
Medical malpractice is described as a physician’s or other health care provider’s carelessness or failure to give the care required or accepted in the community in which he practices. When a physician fails to treat a medical problem correctly or neglects to treat a medical condition, the patient suffers a new or more significant injury due to the failure or carelessness. Medical malpractice or negligence can come in many forms, including but not limited to:
- When diagnosing a condition, there is a delay or failure to act.
- A sickness or medical condition is misdiagnosed.
- Surgical blunders
- Inadequate permission for a procedure or operation
- Neglecting or failing to treat a proper diagnosis is a form of negligence.
- Errors by doctors or nurses
- Congenital disabilities or birth trauma
- Dangerous substances
- Malpractice in anesthesia
- Failure of the equipment
You or a loved one may have been the victim of medical negligence. If this is the case, you should speak with one of our Memphis medical malpractice lawyers as soon as possible. We are eager to hear your claim at our law firm. We want to make sure you get the money you deserve. To schedule a FREE consultation, please call us at (800)-560-5059.
Why Choose Us?
A medical malpractice claim will not compensate for the harm caused by a doctor’s negligence. A lawsuit, on the other hand, maybe able to compensate you for some of the grief and suffering you’ve experienced. A Memphis medical malpractice lawyer can also help you seek compensation for future demands such as medical expenditures, lost wages, caretakers, and other variables through a court claim. By drawing attention to the negligence of a medical expert, others may be spared from suffering similar damage in the future. Call our law firm for a free consultation at (800)-560-5059 to learn more about how a malpractice lawyer can help you reach a successful resolution when a medical mistake has turned your life upside down.
Frequently Asked Questions Regarding Medical Malpractice Lawsuits
What Do I Need to File a Medical Malpractice Claim?
For a variety of reasons, medical malpractice claims are more challenging than other types of carelessness cases. The items required at the start of a case are one significant difference. Within 90 days of initiating a malpractice claim, someone injured by a medical error must have evidence prepared and ready to present to the court.
The wounded individual will require the testimony of an expert witness to show what the reasonable level of care should have been and how the caregiver failed to achieve that standard to win a medical negligence lawsuit. Evidence should indicate that the failure was a direct cause of the defendant’s harm.
This certificate requirement can be difficult to meet because it necessitates gathering and preparing expert testimony early in the proceedings. A patient should contact a Memphis medical malpractice lawyer as soon as they uncover the error for the best chance of success.
Is there a time limit in Memphis for filing a claim?
A medical malpractice claim must be submitted within a certain amount of time, according to state legislation. An experienced Memphis medical malpractice attorney understands the limitations and can guarantee that the deadlines complete the certificate and all other obligations. If the mistake was not discovered within that time, the lawsuit must be brought within one year of the date it was discovered or within three years of the error.
When doctors leave a foreign object inside a patient’s body, an exception is made. There is no deadline for such patients; they have a year from when they learned or should have learned about the object.
How Can I Tell If My Case Involved Medical Malpractice?
Because there are so many legal and medical problems, medical malpractice is tough to understand fully. This is why many people have difficulty determining whether or not they have been harmed by medical negligence. Our medical malpractice lawyers can assess your case and speak with specialists in the industry to see if the treatment you or a loved one received was proper and suitable.
What Should I Do If I Believe There Has Been Medical Malpractice?
If you believe you have been the victim of medical negligence, the first thing you should do is get medical help right once. Next, save all documentation you may have received before, during, and after your original procedure or treatment, as well as any therapy you may have had for any further injuries you may have sustained. It is critical to contact our law firm’s compassionate and competent medical malpractice attorneys. We will give you a free consultation to assess if you have a claim for medical malpractice. If your claim is reasonable and likely to succeed, we will discuss the procedures we will take to get your claim heard with you. This will entail a more thorough examination of your claim, acquiring relevant medical records, and a consultation with a medical specialist.
Is it really necessary to hire an expert to prove that medical malpractice happened?
In many cases, an expert witness is required to establish that medical negligence happened. A standard of care must be established in medical malpractice proceedings. This means that a third party, a medical expert with knowledge in medical negligence, will have to show that the normal level of care was not followed or was neglected, resulting in the patient’s harm or death. Medical malpractice attorneys recruit all expertise required for the case for your safety, the preservation of your rights, and the secrecy of the case.
What is the definition of medical malpractice?
No matter how well qualified, healthcare professionals can make preventable medical errors that cause injury, take innocent lives, and cost the US economy billions of dollars. Medical malpractice is the legal term for mistakes like these that should have been avoided. Physicians and other medical professionals must follow an acceptable standard of care for their profession and specialty when performing their duties. Medical malpractice happens when a medical professional act or fails to act in a certain way, violating the established standard of care. The plaintiff must prove carelessness to win a medical malpractice action. For example, simply because a surgical operation does not produce the desired results does not mean it was performed negligently. A plaintiff must show that the medical professional’s carelessness was a direct cause of the damage to win a medical malpractice case.
The Process of Filing a Medical Malpractice Lawsuit
A medical malpractice case happens when a medical professional, such as a doctor, fails to follow the proper standard of care when giving medical care or treatment to a patient, causing the patient to be injured. To win a medical malpractice case, the plaintiff must show that all of the following are true:
- The presence of a relationship between a doctor and a patient.
- Under the circumstances, the doctor owed the plaintiff a certain level of medical attention.
- The doctor broke that norm of medical care.
- The plaintiff had been hurt.
- The plaintiff’s injuries were caused or contributed to by the doctor’s negligence.
- The steps of a medical malpractice case are described in this article: consultation with an attorney, inquiry, tribunal, discovery, settlement, and trial.
Meeting with an Attorney
Meeting with a lawyer is the first step in a medical malpractice case. The injured party and their family will meet with an attorney so that the lawyer can learn all of the facts and why the injured party believes the doctor, hospital, or other health care professional or organization was negligent. Often, a person does not believe they have a case or is ashamed because they believe the doctor did something incorrectly. However, speaking with an expert medical malpractice attorney is crucial because, in many cases, the patient’s instincts are correct. The doctor acted carelessly, resulting in catastrophic harm.
Investigation
The importance of preparation cannot be underestimated. During the investigative phase, the attorney will examine any relevant medical records, including hospital records, doctor’s records, visiting nurse’s records, and anything else that can aid in determining what went wrong. Because they can quickly interpret the medical documents, having an attorney with a medical background can be a huge help. Following gathering all relevant facts, the attorney will usually call one or more medical specialists who are experts in their disciplines. These professionals could be surgeons or professors at teaching hospitals. After that, the expert will prepare a letter supporting the wounded person’s claim. After that, the lawyer will file a lawsuit in court, and a hearing will be held.
Discovery
The stage of litigation during which the parties can gather relevant information from one another is known as discovery. The parties can request documents and other relevant records from one another. The injured party will be deposed (questioned under oath) by the doctor’s attorney during discovery. The doctor will also be questioned by the injured person’s attorney, who will mostly inquire about the doctor’s care for the patient, what went wrong, and other pertinent problems.
Settlement
A fair settlement is usually preferable to a trial because, in a settlement, the doctor has already agreed to pay the injured party a fixed amount of damages. In contrast, in a trial, the conclusion is unknown. The case will go to trial if the doctor or insurance company refuses to agree to an acceptable settlement to the injured party.
Trial
The parties offer their arguments and introduce evidence to support their positions during the trial. In addition, each side’s specialists will testify, and the jury will evaluate whether the doctor acted carelessly and caused the plaintiff’s injuries. If the jury rules favor the plaintiff, the plaintiff will almost certainly be awarded financial damages.