when should i talk to a medical malpractice lawyer

What must be proven in a malpractice case?

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

What percentage of malpractice suits are successful?

The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence [18].

What are the signs of malpractice?

Recognizing the Signs of Medical Malpractice: What You Should Look Out ForFailure to Diagnose. ... Misdiagnosis. ... You Received the Wrong Medication or Dosage. ... A Lack of Informed Consent. ... Your Doctor Admits to Making a Mistake. ... A Family Member Dies During or After a Medical Procedure. ... Know When to Contact an Attorney.

How do I prepare for a medical malpractice case?

Below are some basic first steps in bringing a medical malpractice case.Contact the Medical Professional Involved. ... Contact the Relevant Medical Licensing Board. ... Know How Long You Have to File a Claim. ... Get a Medical Assessment to Confirm Your Case Has Merit. ... Consider an Out-of-Court Settlement.More items...•

Why are medical malpractice suits hard to win?

Complex medical evidence and juror bias toward doctors and hospitals make medical malpractice cases tough to win. Updated by David Goguen, J.D. Medical malpractice cases are notoriously difficult for patients to win.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

What are the 4 D's of medical negligence?

Deviation from expected standard of care could fall into any of the following: Misdiagnosis or missed/delayed diagnosis. Birth injury. Surgical error.

Do I have a medical negligence case?

To succeed in a medical negligence claim the Claimant must show that the breach of duty caused his injury. If a failure to treat a patient has made no difference because he would have died in any event, his death will not have been caused by negligence.

What is the basis for most medical malpractice claims?

The basis for most medical malpractice claims involves four elements: duty, breach, injury, and damages....How Will an Attorney Prove My Injuries?Medical records;Photo and video evidence;Lab test results;The defendant's own statements;Expert witness testimony; and.Statements from other witnesses.

What are the defenses to a medical malpractice action?

Three of the most common defense strategies in medical malpractice cases are:rejection of expert testimony.reduction or elimination of damages, and.absence of causation.

How do I claim medical negligence?

Steps to making a medical negligence claimContact us. The first step to making a medical negligence claim is to get in touch with us. ... Make a complaint. ... Gather evidence to prove medical negligence in a case. ... The case is taken to court.

What is the best definition of malpractice?

Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.

Is medical malpractice a medical error?

Medical malpractice is not limited to doctors or surgeons. Instead, any member of the healthcare field might make a significant medical error. In fact, in some malpractice cases, multiple healthcare professionals are listed as culpable. Here are just a few of the professionals who might be involved in medical malpractice:

Should I contact a medical malpractice lawyer?

Perhaps the first indicator that you should contact a medical malpractice lawyer is that the amount of harm or loss you or a loved one has suffered has been extensive. For example, temporary pain and suffering while waiting for a couple of hours in an understaffed emergency room probably would not constitute medical malpractice. However, if you suffered paralysis from a stroke that was not diagnosed promptly, you might have grounds for a medical malpractice lawsuit.

What to do if you believe medical malpractice has harmed you?

If you believe medical malpractice has harmed you or a member of your family, it is important to speak to a lawyer as soon as possible. You may be barred from recovering compensation if you wait too long, and you do not want to lose the opportunity to get the money you need to rebuild your life after medical negligence.

What does a malpractice attorney do?

A medical malpractice attorney can review your medical records and consult with experts to determine if the diagnosis and treatment in your case fell below the standard of care. If the provider did something that a competent medical professional would not have done (or failed to do something that a competent provider would have done), ...

Why do we place trust in doctors?

As patients, we place enormous trust in doctors and other healthcare providers to provide prompt diagnosis, proper treatment, and sound medical advice. Unfortunately, medical errors are a regular occurrence, often creating immense physical, emotional, and financial hardships for patients and their families.

How long can you sue for medical malpractice?

In some cases (such as when the injury was not or could not have been reasonably discovered within two years), medical malpractice claims may be allowed to proceed after the statute of limitations elapses so long as action is taken within one year of the discovery of the injury.

What damages can you recover from medical malpractice?

Damages you may be able to recover for wrongful death due to medical malpractice include medical bills, funeral expenses, loss of earnings, loss of companionship, and more. Recovering the full compensation you deserve is challenging without qualified legal assistance. Therefore, you should speak to a medical malpractice attorney in Nebraska as soon ...

Can doctors make you well?

While doctors and other medical providers cannot guarantee they will make you well, they do have a duty to care for you to the best of their abilities. Unfortunately, preventable medical errors can lead to serious injuries, major complications, and even death.

What happens if you mistake a diagnosis?

A mistaken diagnosis can lead to debilitating and harmful effects, as was the case with Jennifer Rufer. After being told she had cancer and undergoing chemotherapy, Rufer’s doctors discovered she had abnormal substances in her blood that led to a false positive.

Why does my staff stop communicating?

If the staff stops communicating openly with you, there is usually a reason why. Sometimes, it is due to patient-doctor confidentiality. But if the person consented for their information to be shared with you, there is no reason for a lack of communication.

What to do if you are a victim of medical malpractice?

Many lawyers offer free and confidential initial reviews so you can ask about your situation at no risk. If you find out you are the victim of medical malpractice, a lawyer can help you pursue fair compensation.

What to do if you lost a loved one in a hospital?

Many patient deaths each year are preventable with appropriate levels of patient care. If you recently lost a loved one while he or she was in a hospital, contact a lawyer for an investigation. An attorney may find signs of medical malpractice, such as negligent patient care, a preventable infection or a medication error. This may entitle your family to a wrongful death claim and related financial benefits to pay for losses such as pain and suffering, medical bills, and funeral and burial costs.

What is a misdiagnosis error?

Diagnosis errors are common types of medical malpractice. Misdiagnosis refers to a physician incorrectly diagnosing an illness, injury or condition. Diagnosing a heart attack as heartburn is an example. Misdiagnosis could prevent the patient from receiving the treatment or care he or she needs. Delayed diagnosis is a correct diagnosis, but at a date later than a reasonable and prudent physician would have made it, which could worsen the patient’s outcome for recovery. Failure to diagnose means the physician sent the patient away without diagnosing an ailment at all.

Can a birth injury be prevented?

If a doctor diagnoses your child with a birth injury such as a bone fracture, concussion, brachial plexus injury, cerebral palsy, facial paralysis or kernicterus, reach out to a medical malpractice attorney about a potential lawsuit right away. The physician or nurse might have done something wrong to cause or contribute to your child’s serious injury.

What Should I Bring to My First Meeting with a Medical Malpractice Attorney?

In addition to writing a list of question, compiling various documents to bring to your initial consultation will ensure the meeting is as productive as possible. If you have any of the following, make copies for yourself, and then bring the originals with you to the law firm for safekeeping:

Call 864-585-3873 to Discuss Your Case with a South Carolina Medical Malpractice Lawyer

At Hodge & Langley Law Firm, we are dedicated to ensuring safe medical practice in our community and to holding negligent providers accountable for any unreasonable acts or omissions.

Did a Doctor-Patient Relationship Exist?

In order to bring a medical malpractice suit, a doctor-patient relationship must exist. Don’t worry about being expected to know the answer to this question right when you walk in the door, but a medical malpractice lawyer will ask questions to find out whether a doctor-patient relationship did in fact exist.

What Do You Think the Doctor Did Wrong?

This is an equally important guided question because mistakes don’t always equate to negligence . A medical malpractice attorney will need to determine whether there was a breach of the standard of care required for such sought treatment.

Did You Have Any Pre-Existing Conditions?

In order for negligence to be proved, medical malpractice cases require proof the doctor’s negligence caused the specific injury stemming from the medical malpractice suit. Pre-existing conditions could affect the varying degree of fault on behalf of a health care provider, so be prepared to answer questions regarding these pre-existing conditions.

How Has This Affected Your Life?

Even if negligence is found on behalf of the medical provider and even if it’s found the negligence caused injury, a patient still needs to prove the injury led to specific damages.

When Was the Injury First Discovered?

As with any case, timing is important. Medical malpractice claims, more often than not, need to be brought fairly quickly. Depending on the state, this can be anywhere from 6 months to 2 years. If a medical malpractice suit is not brought within the appropriate statute of limitations, the case will be dismissed, regardless of the facts of the case.

Who Are Your Health Care Providers?

Be able to provide a list of all your health care providers, including any providers that treated any pre-existing conditions that are relevant to the case at hand. A medical malpractice attorney will need to request records from each provider that you saw for the treated health condition.

Be Prepared to Gather All Relevant Documents

In addition to all the medical records your attorney will ultimately need to request, your medical malpractice attorney will also want to see any other pertinent documents.

What to do after a medical malpractice incident?

A medical malpractice attorney can play a significant role in protecting your rights or those of your loved one.

Why is it important to have an experienced attorney?

That courtroom experience is essential for the attorney to evaluate the most probable outcomes in your lawsuit. This way, they can provide you with the appropriate advice.

Can you ask a medical malpractice lawyer about malpractice?

Such information may be available on the site of the licensing authority of your state. However, you can still ask your potential lawyer.

Is a medical malpractice attorney a fortune teller?

Your attorney is by no means a fortune teller. That means that no lawyer can ever guarantee what the result of your case will be. That said, any seasoned medical malpractice attorney should have the ability to provide a comprehensive preliminary evaluation of how your lawsuit will most likely play out.