Everything You Need to Know about Medical Malpractice Law
The legal system is a complex web of numerous rules, missed deadlines, and medical jargon that only an attorney can decipher.
Medical malpractice law is intricate and often overwhelming, with its complex jargon and extensive paperwork. Navigating it requires understanding key legal concepts like negligence, duty of care, and causation, as well as gathering detailed evidence to support your case.
“You could be the victim or lose your mind because a family member was hurt. It doesn't matter. Having an idea of how everything works on the legal side of things can be a blessing,” says Connecticut medical malpractice lawyer Russell Berkowitz, founding partner of Berkowitz Hanna Malpractice & Injury Lawyers.
This text provides a concise overview of medical malpractice law, focusing on the essentials to help you understand its key aspects without unnecessary complexity.
Establishing a Medical Malpractice Case
To determine if you have a medical malpractice case, you need only one word: negligence. And to establish negligence, everything about your case must tick off these four boxes: duty of care, breach of duty, causation, and damages.
Take, for example, when a surgeon leaves a sponge in you after an operation. To establish negligence, you would need to demonstrate that the doctor had a duty of care (the duty arises the moment a doctor-patient relationship is established) and that they failed to uphold that duty. If, as a result of the breach, you contract an infection, the consequence is causation. The cost incurred, the pain, and the distress are the damages. If you cannot support all of these, you have no case.
Types of Medical Malpractice and Their Definitions
Medical malpractice has many faces, and each has a story behind it. Misdiagnosis falls among them. Misdiagnosis occurs when a doctor incorrectly identifies a condition as minor when, in fact, it is actually serious, resulting in delayed treatment. This delay can worsen the patient's condition and lead to further complications.
Then come surgical errors. We are talking about cutting up the wrong part of the body or leaving an object inside a patient. Medication errors also occur, such as prescribing the incorrect medicine or dose. There are times when birth injuries happen to the baby, the mother, or both.
Follow-up mistakes are another form of medical malpractice. They occur when a doctor fails to monitor a patient's progress after treatment, leaving potential issues undetected and unresolved. This lack of follow-up can result in the patient's condition worsening due to oversight.
What to Do After Medical Malpractice
If you suspect medical malpractice, it is crucial to act quickly. Seeking a second opinion from another doctor can help identify any errors or missed diagnoses that your first doctor may have overlooked, potentially preventing further harm.
After suspecting medical malpractice, it is essential to document everything. Write down all relevant details, including test results, prescriptions, bills, dates, symptoms, and any unusual statements made. This written record will help you recall important information and provide clarity when things become overwhelming.
Do not speak to the doctor who made a mistake or to their representative who handles insurance. They already hold opposing views. They will lie or request things from you that are against your interests.
Why You Need an Attorney in Medical Malpractice Lawsuits
The legal system is a complex web of numerous rules, missed deadlines, and medical jargon that only an attorney can decipher. You need a well-rounded attorney who is passionate about pursuing medical malpractice cases.
When selecting a lawyer for a medical malpractice case, it is essential to look beyond the first result on a Google search. Take the time to research and ask potential attorneys about their knowledge of similar cases. Be thorough in evaluating their track record, including their win-loss percentage. If they cannot communicate effectively or seem overly scripted, it may be best to look elsewhere for representation.
You need someone sharp and resilient with insurance coverage and who will not hesitate to consult with updated medical specialists to strengthen your case. Your entire life could be at stake, so do not settle for anything less than the best.
