Medical Malpractice Claims & Lawsuits
Being a victim of improper and negligent medical care that results in injury or death can be an incredibly strenuous experience, and often times patients and their loved ones feel helpless. In the aftermath, it can be difficult to figure out whether or not the doctors, other medical professionals and hospital are liable for the injuries, medical costs and damages your family sustains. Understanding when you should connect with a medical malpractice injury lawyer to handle your claim can be the differentiating factor in whether or not you are fairly compensated.
Should I Contact a Lawyer for a Medical Malpractice Claim?
To help identify the need for a medical malpractice injury lawyer, see if you answer "yes" to any of the following questions:
- Did a doctor misdiagnose – or fail to diagnose – a serious disease for a period of time that resulted in missed treatment opportunities that could have prevented serious injuries or death?
- Did negligent prenatal care or negligence during childbirth cause serious birth injuries or death to the mother or baby?
- Did a medication error, such as prescribing the wrong drug or administering the incorrect dose, cause serious injury or death?
- Did an anesthesia error, such as improperly intubating a patient (inserting breathing tube) or failure to monitor a patient’s vital signs, cause serious injury or death?
- Did a serious error during surgery occur, such as operating on the wrong body part or leaving an object inside the patient?
- Do you suspect your healthcare provider, doctors or other medical professionals of negligence that resulted in serious or permanent physical and/or emotional injuries or death?
Note that if medical malpractice resulted in a patient’s death, you may be entitled to file a wrongful death lawsuit.
Steps to Take If a Possible Medical Malpractice Injury Occurred
Seek corrective medical care — If at all possible, try and get corrective medical care to limit the effects of the injury. If a death has occurred, contact a lawyer to discuss the possibility of a medical malpractice and wrongful death lawsuit.
Request medical records — Medical records provide a significant amount of information that may be important for a medical malpractice injury lawsuit. Obtain copies for reference, or have a lawyer help you.
Document medical expenses — Make sure to document all of the medical expenses associated with the treatment and management of any injuries related to the medical malpractice claim. Expenses to document include medical bills, prescription costs and insurance co-pays. Out-of-pocket expenses related to the treatment and management of medical malpractice injuries may also be reimbursed, so it is advised to keep records of all medical-related expenses.
Contact a local personal injury lawyer — Medical malpractice claims are typically complicated cases. Due to the technical nature of most medical malpractice lawsuits, independent experts are often required to prove medical malpractice. For court cases, issuing the proper subpoenas, including subpoena duces tecum for the production of necessary evidence, and taking depositions are important, and usually best handled by a local medical malpractice injury lawyer.
Keep records of all accident-related items — After a medical malpractice claim, it is important to document the accident, injuries and other related conversations, paperwork and expenses. Maintaining records and keeping everything organized is useful for any claims or lawsuits that result.
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