Are You a Victim of Medical Malpractice?

What is Medical Malpractice?

Medical malpractice refers to situations where a healthcare professional fails to provide proper treatment, neglects to take necessary action, or provides substandard care that leads to harm, injury, or even death for a patient. Common claims of malpractice include medical errors such as misdiagnosis, medication mistakes, surgical errors, birth injuries, and more.

While healthcare providers may not be held responsible for all instances of harm, such as unexpected reactions to medication, they can be held liable if the patient suffers harm due to the provider’s failure to meet the expected standard of care in those specific situations.

To qualify as a medical malpractice claim under U.S. laws, the following factors must be present:

• Failure to provide care according to the standard of care.
• The patient suffered an injury as a result of the deviation from the standard of care.
• The injury resulted in damages, including pain, suffering, loss of income, and disability.

These factors offer various possibilities for a medical malpractice case to be dismissed if the patient does not seek legal guidance. For instance, the doctor may have acted within the appropriate standard of care for the original injury or illness, but subsequent harm occurred. Alternatively, the patient may not have suffered despite the deviation from the standard of care, leading to the case being closed.

Furthermore, it is crucial to provide evidence of negligence. The patient or their family must demonstrate the following:

• The existence of a patient-provider relationship.
• The medical provider’s negligent actions.
• The negligence directly caused the injury or death.
• The injury resulted in economic and, in some cases, non-economic damages.

Common Medical Malpractice Claims

The Jewkes Firm is dedicated to assisting victims of medical errors with a wide range of common medical malpractice claims. Our team of skilled malpractice attorneys and medical experts have successfully handled cases involving misdiagnosis, delayed diagnosis, surgical and anesthesia errors, birth injuries, medication errors, failure to treat, and nursing home negligence.

It is important for patients to understand that informed consent plays a crucial role in medical procedures. If a patient is not properly informed about the potential risks and complications associated with a surgery, and they suffer an injury as a result, the medical provider may be held accountable for their actions. This includes situations where the patient may experience the loss of a limb, reduced bodily functions, or other disabilities.

What are the potential recoverable damages in a medical malpractice lawsuit?

If you or someone you care about has been a victim of medical malpractice, you may have the right to seek compensation for various losses, including wrongful death, medical expenses, lost wages, future wages, pain and suffering, and disfigurement. In certain situations, punitive damages may also be awarded if the medical provider displayed willful or malicious negligence.

It is important to understand that in most cases, medical malpractice claims are resolved through out-of-court settlements. However, if the offered settlement does not adequately cover your losses, you are not obligated to accept it.

Instead, you have the option to engage a medical malpractice attorney who can represent you in court against the medical provider, hospital, insurance company, and others involved, in order to recover the necessary damages for your recovery.