If your family member or other loved one died while receiving medical treatment in a hospital or elsewhere, and you suspect that the cause of death may involve medical negligence, you should promptly seek the legal advice of a local medical malpractice lawyer in your U.S. state who may investigate your medical malpractice wrongful death claim for you and represent you in a medical malpractice case, if appropriate.
Full Answer
Damages. In order to be found negligent, an individual must be able to prove that he or she was damaged by the at-fault party's wrongful actions. This element is simple to prove in a wrongful death case, as the "damage" that was suffered was the untimely death of your loved one.
three yearsGenerally you have three years to make a medical negligence claim from the date that your injury was linked to a medical error (not necessarily the date in which you suffered the injury). However, there are some exceptions to this rule.
It is authoritatively shown that around 10 to 11 % of hospital admissions each year end in an 'adverse outcome' due to a medical incident.Nov 6, 2012
Medical negligence occurs when a doctor or other health care professional provides sub-standard care to a patient—in other words, the health care professional fails to provide the type and level of care that a prudent, local, similarly-skilled and educated provider would act with in similar circumstances.
In order to determine whether you’re a victim of medical malpractice, you must have access to your medical records. Your records are essential in identifying your health care provider’s negligence—your attorney will be able to assess these records with a medical expert to analyze any medical errors. Depending on the injury in question, medical records can range from X-Rays and arthroscopy photos to simple notes taken by the doctor during a physical. Any type of record that can help establish your claim and display a medical error will be useful to provide a medical malpractice attorney. It’s a good idea to collect these records as soon as possible, as your lawyer will want to analyze these records before proceeding with the medical malpractice claim.
A medical malpractice case often stems from serious injuries caused by medical negligence or medical error on behalf of a medical professional. Birth injuries, unnecessary surgery, failure to diagnose, and wrongful death are among the different types of medical malpractice that can be eligible for a lawsuit. If you believe you might be a victim of medical malpractice, it’s important to understand the necessary steps to evaluate and execute your case.
Because physicians have vast resources at their disposal to help protect them from medical malpractice, one must consult with an experienced medical malpractice attorney who has a history of positive results. Medical malpractice cases are known to be complex and it’s important to know your rights.
A misdiagnosis, an incorrect prescription or dosage, and a surgical or anesthesia error are among the most common medical malpractice cases.
Your health is of the utmost importance, so if it is at all in question, it is recommended that you see another doctor or healthcare professional as soon as possible. A second opinion will also help establish what should have occurred had there been no medical error.
When claiming medical malpractice, it’s imperative that you do not contact the healthcare provider, facility or their insurance representatives throughout the process. Instead, your experienced attorney will help guide your through the process and have your best interest at heart.