When a professional provides inadequate or illegal services to clients, it’s known as malpractice. Most people associate the term with medical malpractice. Negligence, failure to provide the established standard of care to patients, and medical errors are potential grounds for a medical malpractice case.
Understanding medical malpractice and how a medical malpractice lawsuit proceeds can help you determine if you have a valid case you should pursue.
Any medical professional may be guilty of malpractice.
Patients can file lawsuits against any medical professional, including dentists, doctors, and audiologists. Health care workers are expected to provide an established standard of care for all patients. Ignoring patient concerns, failing to confirm a diagnosis, or performing unnecessary medical procedures are all grounds for a lawsuit. Surgical errors, wrongful death, and failing to consider a patient’s medical history when making a diagnosis are also medical malpractice.
Insurance pays for malpractice settlements.
Every medical professional who treats patients should have medical malpractice insurance. Health care workers can Google “Texas medical malpractice insurance” to find an A-rated insurance company with a comprehensive medical malpractice insurance package. It’s crucial health care workers find a highly rated insurer. Insurance companies with low ratings may go bankrupt, which forces health care workers to replace their insurance companies.
Medical malpractice insurance companies cover the legal expenses incurred during the case and the settlement costs. This means your lawsuit will not directly impact the defendant’s finances. Although their insurance premiums may increase, unless a medical board reviews the case and they lose their medical license, they will continue working.
Medical malpractice attorneys understand the legal grounds for a malpractice lawsuit.
Unless you work in the healthcare industry, you may not be familiar with the required standard of care you should receive from medical professionals. If you have any questions or concerns about the quality of care you’ve received, you should consult a medical malpractice attorney.
Medical malpractice attorneys are legal experts familiar with relevant case law. These lawyers understand the laws that apply to your case and can assess your potential case effectively.
Medical malpractice attorneys in the United States are also familiar with the statute of limitations that applies to medical malpractice cases. They also understand variables that can alter a court’s ruling about the statute of limitations. An Ohio family that pursued testing in 1999 received an incorrect diagnosis and was told the wrong child was predisposed to develop melanoma. Although the statute of limitations for medical malpractice had expired, their attorneys successfully argued the family had the right to sue for medical malpractice because the medical professionals involved discovered the error in 2014 but did not disclose the error to the family. The predisposed daughter was diagnosed with melanoma two years later. Cases like this illustrate that it’s crucial to trust legal experts to determine your case’s merits.
You have a right to see your medical records.
Every patient has a right to see their medical records and ask relevant questions about their care. Secure copies of your medical records as soon as possible to ensure your lawyer can review them. Document as many details as you can if you’re undergoing treatment and have concerns about your care. Recording the names of nurses and doctors who provide treatment and the time of day services were provided can help you establish a pattern of care that could highlight gaps in care. Make a note of family members, friends, or other patients who may have witnessed substandard care. When lawyers build medical malpractice cases, they benefit from having as much information as possible about your medical care.
Any health care professional could be guilty of malpractice. If you have questions about the quality of the care you’ve received, you should ask those questions and demand copies of your medical records and have your records reviewed by a lawyer. Your attorney can help you prepare a strong legal case to ensure you receive an appropriate settlement.