You may be the victim of medical malpractice but have no idea what to do from here. Fortunately, legal help is available. You can seek legal representation when a healthcare provider has made you the victim of medical negligence. When you partner with a medical malpractice lawyer, you can pursue compensation from any medical providers that harmed you.
Rand Spear and the personal injury lawyers at Spear Greenfield understand the complexities of medical malpractice law. A medical malpractice lawyer from our team can help you move through the legal process and get the compensation you deserve from anyone at-fault parties. To get started, please get in touch with us today.
What You Need to Know About Medical Malpractice
When you go to a doctor, you expect them to provide a high standard of care. If the doctor fails to do so, you can sue them for medical malpractice. At this point, you can seek hundreds of thousands of dollars in damages based on the harm they caused.
There are several elements of medical malpractice, and these include:
- A healthcare provider has a relationship with a patient and is expected to provide this individual with the best care possible.
- A healthcare provider does not adhere to various predefined standards of care.
- A patient gets injured due to care or lack of care from a healthcare provider.
- The injury a patient suffers due to a healthcare provider’s negligence must cause significant damage.
Rand Spear and the personal injury attorneys at Spear Greenfield encourage you to share any details about your medical malpractice claim with us. Our medical malpractice lawyer can review your claim and help you determine if you have a strong case.
When to Move Forward with a Medical Malpractice Claim
You cannot file a medical malpractice case simply because you disagree with a doctor’s diagnosis. Furthermore, if you do not achieve the desired result from a medical procedure, you may be ineligible to file a medical malpractice claim. You cannot necessarily file a claim if you did not experience considerable harm due to an injury caused by a healthcare provider.
On the other hand, there are many scenarios in which you can seek compensation through a medical malpractice lawsuit. Common examples of malpractice include:
- Failure to properly diagnose a medical problem
- Delay in diagnosing a medical problem
- Failure to request diagnostic testing
- Prescribing the wrong medication or failing to prescribe a medication
- Making a mistake during surgery
If you experience a personal injury after receiving care from a healthcare provider, it is in your best interests to consult with a medical malpractice lawyer. Next, you can submit your medical malpractice claim if one is warranted. Your attorney can then work with you to achieve the best possible case results.
What to Expect for Compensation in a Medical Malpractice Case
The compensation you can secure in a medical malpractice case depends on the severity of any injuries you incur and other factors. Your lawyer will help you decide on an appropriate amount of compensation to request. They will make sure you seek both economic and non-economic damages.
Economic damages are awarded for quantifiable losses. In a medical malpractice case, you may ask for economic damages relating to your medical bills, lost earning potential, and any wages you have lost to date. You can provide copies of medical receipts, pay stubs, and other financial documents to support your request for economic damages.
Non-economic damages are tougher to measure than economic ones. They are subjective and can include compensation for pain and suffering you incur. You can also be awarded non-economic damages for loss of enjoyment of life and loss of companionship.
How Much Time You Have to File a Medical Malpractice Lawsuit
There is a limited time frame for you to request compensation in a medical malpractice lawsuit. This window varies based on the state where you are filing your lawsuit. If you do not submit a medical malpractice claim within the prescribed period, you may lose the right to do so at a later time.
A medical malpractice lawyer will ensure that your lawsuit is submitted as quickly as possible. They will work with you to gather evidence and build your case. They will also negotiate with the defendant’s attorney in the hopes of reaching a settlement.
You do not have to accept a settlement before going to trial, but it can sometimes be beneficial to do so. Leading up to your trial date, your lawyer can discuss personal injury verdicts and settlements with you. This can help you decide on the best course of action for your litigation.
How You Get Awarded Damages in a Medical Malpractice Case
You and your attorney work together to prepare for your medical malpractice trial. If you decide on a settlement beforehand, you do not need to go to trial. Comparatively, if you and the defendant cannot come to terms with an agreement, you will need to present your argument to a judge or jury.
A medical malpractice trial can extend from hours to days. Preparing a robust case can take months before that. During the trial, your lawyer will advocate for you. The defendant’s attorney will do the same for their client.
After a judge or jury reviews the information provided by you and the defendant and your respective attorneys, you will find out if you will receive damages. In the best-case scenario, a court will rule in your favor. If this happens, the defendant is required to pay you damages.
How to Choose an Attorney for Your Medical Malpractice Case
If you are ready to hire a medical malpractice lawyer, set up a consultation with one. You can meet with a medical malpractice attorney to provide information about your case. The attorney can explain how they work for clients, and you can decide if they are a good fit.
When you meet with a medical malpractice attorney, it is beneficial to prepare a list of questions. With this list in hand, you can get the answers you need regarding your case. The attorney may share questions of their own so they can understand all aspects of your claim.
Contact an Accomplished Medical Malpractice Lawyer Now
Rand Spear and the personal injury lawyers at Spear Greenfield are available to discuss your medical malpractice lawsuit. To learn more or request a free case evaluation, please contact us today.
