Medical Malpractice Lawyers
Most medical professionals have a calling to serve patients and save lives. However, when professionals in any medical specialty are reckless, their actions endanger lives.
If you suspect that a dentist, doctor, nurse, specialist, or any medical professional was negligent and caused you injuries or complications, speak with medical malpractice lawyers by contacting Flaxman Law Group. Our team would be happy to review your situation and discuss any options you might have.
Why Do You Need a Medical Malpractice Attorney?
If you believe you’ve been a victim of medical malpractice, you may want to hold the at-fault party accountable and you may need compensation to deal with the financial impact of your injury or complications.
In this situation, you will probably need to work with medical malpractice attorneys if you want to file any claim or even get any answers. Most medical professionals are protected by liability insurance and by hospitals or clinics. When you ask for answers or try to get justice, you may get a form letter. Your calls may not be returned, and you may be denied records that can help you determine what happened.
When hospital administrators, insurance companies, and clinics get a call from medical malpractice lawyers, they know they can’t give attorneys the run-around. Your lawyer knows the law and insurers and others involved know they must cooperate. Doors open when a lawyer is involved.
Your attorney can also evaluate your case and can help you understand whether you have a legal claim. Your lawyer will gather evidence and will build a strong case. He or she will also take care of all the details, such as filing a claim or appearing in court, so you don’t have to.
Where medical malpractice lawyers really shine, though, is when it comes to negotiating. In a medical malpractice case, your attorney will negotiate with the insurer covering the medical professionals who caused you injuries. They will also be dealing with the insurers representing the hospital, clinic, or other liable parties. Your lawyer will work to seek a fair settlement for you from these parties and should be willing to go to court if a fair settlement can’t be reached.
The medical malpractice lawyers at Flaxman Law Group, for example, spent the early part of their careers working in insurance and representing insurance companies. They know exactly how these companies operate and what strategies they use to minimize payouts. They use this information to fight for fair financial recovery for you. The lawyers at Flaxman Law Group also have extensive trial experience and are willing to take your case to court if that’s the best way to get you the compensation you deserve.
Medical Malpractice Laws
Medical malpractice laws vary by state and generally try to balance the rights of patients with protections for healthcare providers.
Each state has a time limit for filing a medical malpractice claim, known as the statute of limitations. If you don’t file within this time frame, you lose your right to seek compensation. In some cases, the statute of limitations for medical malpractice claims is shorter than for other personal injury claims. In addition, some states have caps on the damages you may be able to recover.
Medical Malpractice Claims
Most patients work with medical malpractice lawyers when filing a claim. The first step in the process is to gather evidence. Your attorney will examine medical bills, hospital records, and other information to find out whether the standard of care was breached.
Once there is enough evidence, your attorney will submit a complaint to the appropriate court to start the formal claim process. The complaint lists your allegations and explains what compensation you are seeking.
In some states, your attorney may need to work through a pre-litigation process before filing a lawsuit. This may involve notifying the healthcare provider of your intent to sue and possibly going through mediation or arbitration to try to avoid going to court.
If you do sue, both parties enter the discovery phase. During this phase, each side gathers and shares information relevant to this case. At this stage, your attorney may also begin settlement negotiations. If you and the other party can agree to settle, you won’t have to go to court and you will be able to secure compensation. Your lawyer will explain any settlement offers you receive, so you understand whether the offers are reasonable or whether you should keep pursuing the case.
If a settlement cannot be reached, your case may go to trial. During the trial, both sides present their evidence and arguments to a judge or jury, who will then make a decision about any compensation the plaintiff will receive.
Are You Eligible for a Medical Malpractice Claim?
Just because you have a bad experience or negative medical outcome when working with healthcare professionals, it doesn’t necessarily mean you have a medical malpractice claim. In most cases, all three of the following have to be true:
- A medical provider had a duty of care to a patient; and
- Failed in that duty; and
- Caused harm to the patient by that breach of duty.
In addition, healthcare providers are expected to follow a standard of care, which is the level of treatment that a reasonably skilled professional in their field would provide. If a provider falls below this standard and causes harm, they may be considered negligent and may be named in a legal claim.
There must also be evidence of injury or harm that resulted from the provider’s negligence. This could include physical injuries, emotional distress, or financial losses.
As you can see, it can be challenging to know whether you have a claim. If you wake up after surgery and it takes you much longer to heal than expected, did you get the appropriate standard of care? Was someone negligent? You can’t sue because your body doesn’t respond to treatment the way other patients do and you may not have a claim if a simple mistake was made that doesn’t reach the level of negligence.
This is where working with medical malpractice lawyers can help. Lawyers can secure your medical records to look for irregularities that could indicate a poor standard of care. They also work with medical experts who can review your file and determine if the right level of care was followed in your case.
What Should You Do If You Suspect Medical Malpractice?
If you suspect that a medical mistake or complication might be medical malpractice, start protecting your rights immediately. Here’s what you should do:
- Start gathering evidence. As soon as you can, write down what happened, when it happened, and who was involved. Keep records of your medical treatment, symptoms, and any conversations you had with healthcare providers. Take photos of any clinic or hospital conditions that could show recklessness and take photos of any injuries you’ve sustained. Keep records of how the situation affects your ability to work and perform everyday tasks.
- Seek further medical care. Keep track of your symptoms and get follow-up care to address your complications or injury. You may also want to seek a second opinion from a different provider to get a fresh perspective on your situation. While it can be difficult to trust the health care system if you’re injured by malpractice, it’s important to get ongoing treatment to heal and to get evidence of your injuries.
- Get your medical records. You can request your medical records to get information about your treatment and any mistakes that may have occurred. You have the right to access your records, so submit your request in writing and follow-up if your initial request is ignored.
Talk to medical malpractice lawyers. Reach out to an attorney who specializes in medical malpractice. An attorney understands what it takes to settle a medical malpractice case and can explain to you whether you have a claim. A lawyer may even be able to tell you how much your case may be worth.
Ultimately, it is up to you to decide whether to file a claim. By gathering evidence and consulting with a lawyer, you at least preserve your right to compensation.
Contact Flaxman Law Group Today
For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
Common Medical Malpractice Injuries
Medical malpractice can lead to a variety of injuries, some of which can have serious and lasting effects. Common injuries include:
- Surgical errors. These errors could include operating on the wrong body part, leaving surgical instruments or foreign objects inside the patient, or causing unintentional damage to surrounding tissue or organs. These errors can lead to infections, additional surgeries, and longer recovery times.
- Misdiagnosis and delayed diagnosis. When a healthcare provider fails to diagnose a condition correctly, you may not get the right treatment. You may even get the wrong treatment, which can come with dangerous side effects. When a healthcare provider takes a long time to diagnose you, your prognosis could be worse. For example, if a doctor ignores your symptoms and doesn’t order a biopsy in a timely way, by the time cancer is found there may be fewer options for treatment and chances of survival may be lower.
- Medication errors. These errors might involve giving the wrong dosage, prescribing the wrong medication, or failing to consider allergies or drug interactions.
- Birth injuries. Birth injuries can include brachial plexus injuries (which affect an infant’s arm movement) or cerebral palsy, which can permanently affect a child’s development. Birth injuries can also cause severe injury to the mother, affecting her future ability to have children or even endangering her life.
- Infections. When nurses, doctors, and other healthcare providers fail to wash their hands, sterilize medical equipment, offer adequate post-operative care, or otherwise fail to follow proper procedures, patients can develop serious infections. Some of the preventable infections patients get in healthcare settings are antibiotic resistant and life-threatening.
- Product-related injuries. Sometimes, a faulty medical device or test can result in negative medical outcomes. For example, a faulty test may fail to detect medical conditions. A pharmaceutical company may develop a drug that has dangerous side effects. In these cases, you may have a product liability claim against the manufacturer of the product.
- Anesthesia errors. Anesthesiologists who don’t monitor patients or don’t administer the right dose of anesthesia could cause brain damage or even fatal injury to a patient.
- Neglecting follow-up. Not monitoring a patient’s recovery, not addressing complications, not adjusting treatment plans when needed, and not communicating the treatment plan can all cause serious harm. In nursing homes, refusing to call a doctor can mean residents don’t get follow up care, which can cause harm and nursing home abuse claims.
Medical malpractice injuries aren’t just the responsibility of doctors. These injuries can also be caused by the recklessness of nurses, dentists, specialists, surgeons, and other medical care providers.
Don’t Wait to File a Claim
It’s important not to wait too long to file a claim. If you ignore your state’s statute of limitations, you may lose out on your right to seek compensation at all. Even if you file just before the statute of limitations runs out, delays can harm your case. A medical professional may have moved out of the country or out of practice. Important evidence may have gone missing. If you delay filing a claim, you can be sure the insurance companies and other defendants will use this as an excuse to question whether you were seriously harmed at all.
If you’ve been affected by medical malpractice, you may be in pain and suffering emotionally. You may want to wait, but filing a claim early helps you build the strongest case possible.
Medical malpractice lawyers at Flaxman Law Group can help. We can explain whether you have a medical malpractice claim, a wrongful death claim, or another claim. We can develop a custom plan to get you fair compensation for your injuries. Contact Flaxman Law Group today for a free consultation so we can review your options.
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