Do I Need a Medical Malpractice Attorney?

Do I Need a Medical Malpractice Attorney?

by / Wednesday, 03 September 2014 / Published in Medical Malpractice

medical malpractice attorney

When you go to see a doctor or have surgery, you go in trusting your doctor will do what’s best for you. However, doctors are human beings and are fully capable of making mistakes just like anybody else. But when the average person makes a mistake, it typically doesn’t have the life-or-death consequences that can come with a doctor’s error.

The Journal of the American Medical Association (JAMA) lists medical negligence as the third most common cause of death in the United States. Although many people have the idea that people are making frivolous malpractice cases left and right, medical malpractice cases only make up about 15% of all personal injury lawsuits, according to Forbes. Over 200,000 people die each year because of medical negligence, but only 15,000-20,000 medical malpractice cases are filed every year.

Many people are reluctant to sue for medical malpractice because they think it would be too expensive to pursue the case or because they’re afraid being involved in a malpractice case would make other doctors not want to treat them. In other cases, insurance companies might pressure an injured party to settle early before they realize the full extent of their injuries and waive their right to sue later.

If you or a loved one has suffered due to a doctor or other medical professional’s mistake, it’s worth consulting a medical malpractice attorney to find out if you have a legitimate case. An experienced lawyer will fight to get you the justice you need.

What is Medical Malpractice?

The American Board of Professional Liability Attorneys (ABPLA) defines medical malpractice as “when a hospital, doctor, or other health care professional, through a negligent act or omission, causes injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” In order to meet the legal standard of medical malpractice, a case must meet the following three standards:

  1. The injury was caused by a violation of the standard of professional conduct, meaning the care he/she received fails to meet the standards that would be practiced by other professionals in similar circumstances.
  2. The injury has to be a direct result of negligence.
  3. The injury caused major damages.

Common Types of Medical Malpractice Cases

  • Mistakes with anesthesia
  • Surgical mistakes/unnecessary surgery
  • Being given the wrong prescription
  • Failure to be warned of risks involved with a procedure or medication
  • Improper treatment
  • Incorrect diagnosis or failure to diagnose
  • Misreading test results
  • Birth injuries

I Think I Have a Medical Malpractice Case. What Should I Do Next?

Medical malpractice is a very complex area of the law, so if you think you have a case, you’ll want an attorney with lots of experience handling these cases. The state of Michigan has a statute of limitations of two years to bring a medical malpractice case. The attorneys of Goodwin & Scieszka have handled dozens of medical malpractice cases and are here to fight for you! Call today, 1-888-466-3946.

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