How Do I Know if I’m a Victim of Medical Malpractice?

Medical malpractice is an unfortunate downside of the medical care system, and it’s not a new problem. Thankfully, there are many medical malpractice lawyers who look out for community members who were harmed by their healthcare provider’s negligence. Medical malpractice occurs on a regular basis in the United States, and the repercussions are devastating. Permanent injuries and fatalities are not uncommon when a doctor performs medical malpractice either in their actions or inaction. If you were harmed by a negligent act of your physician, or if you lost a child or spouse in this way, contact an attorney immediately to speak with a medical malpractice lawyer.

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What is the nature of the injury that was caused by your physician?

Not every injury that involves a doctor is considered medical malpractice, nor does every mistake qualify as medical malpractice. All states have laws that specify what is considered medical malpractice and under what circumstances. Before a medical malpractice lawyer can file an injury claim or a lawsuit on a client’s behalf, they must first determine if the case has merit. This is the value of seeking a case review by a member of a legal team; a medical malpractice lawyer can determine if your circumstances merit legal action.

By knowing this ahead of time, it can save you and your family much grief. Additionally, when a medical malpractice lawyer gains a full understanding of your damages, it will become clear what your claim’s value is, and if it warrants proceeding with litigation against the healthcare provider. If your injury is minor and requires little to no corrective measures, it is unlikely to require hiring a medical malpractice lawyer. However, if the injury is substantial or permanent, and will require corrective surgery, significant time away from work, or a lifetime of psychological treatment, it deserves careful consideration. In essence, without the practiced insight of an experienced medical malpractice lawyer, you may not know if you should file a claim.

What is the nature and severity of your damages?

It is difficult to bring a medical malpractice case if the total amount of damages is insignificant primarily due to the costs litigation. Lawsuits are meant to be reserved for instances in which a victim suffered measurable harm. When representing a medical malpractice client, your lawyer should first file a damage claim with the physician’s insurer. If the insurer denies the claim or else refuses to negotiate a fair settlement, your medical malpractice lawyer may recommend to the client that they should consider escalating the claim to a lawsuit. This is more likely to occur if the injury or injuries are costly to reverse, are permanent, or were fatal. (In cases of fatalities resulting from medical malpractice, the litigation process is slightly different as it will be the deceased’s heirs who pursue justice and it may fall under the category of a wrongful death lawsuit.) Because each case is different, it’s important to have your circumstances reviewed by a medical malpractice lawyer before making any decisions.

Special thanks to our friends from Cohen & Cohen for their insight into medical malpractice law.