Medical Malpractice Lawyer – Get Justice and Compensation

Medical Malpractice Lawyer – the term may sound
unfamiliar to many but not to those who have suffered medical malpractice. This
example would help you understand it better. Diana, a 32-year-old woman based
out of Kansas underwent appendix surgery. She was constantly getting pain at
the site of surgery. A detailed examination at a hospital revealed that the
surgery has not been done perfectly and had done more harm than good. She with
the help of a medical malpractice lawyer has filed a complaint against the
faulty healthcare provider.

medical malpractice lawyer
Medical Malpractice

Medical Malpractices Lawyer – Meaning and Definition

A medical malpractice lawyer is a lawyer or attorney
who litigates cases for patients or their survivors fighting the cases against
doctors for medical malpractice. A medical malpractice attorney negotiates a
deal with the insurance provider and if things are not settled to expectations,
he may file a lawsuit.

But before going further let us understand what
medical malpractice is.

What is Medical Malpractice?

The term medical malpractice refers to any error or
misconduct on the part of a medical professional while treating a patient.
These medical professionals include doctors, nurses, and paramedics.

As per the American Board of Professional LiabilityAttorneys (ABPLA), medical malpractice can be defined as a situation where a
doctor, nurse, or paramedic commits an act of negligence while diagnosing,
treating, or providing care or aftercare to a patient that may result in an
injury, damage or loss of life. Here are some examples of medical malpractices
that deserve the attention of a medical malpractice lawyer.

  • Errors in
    diagnosis, or misdiagnosis
  • Reading the medical reports incorrectly
  • Not paying attention to laboratory findings
  • Performing surgery without a reason
  • Performing surgery at the wrong place
  • Administering wrong medicines or dosage
  • Not providing the right follow-up or aftercare
  • Early discharge from the hospital
  • Not taking patient’s history properly
  • Not prescribing the right kind of tests
  • Not paying attention to symptoms

Criteria Determining Medical Malpractice

Aren’t you sure whether or not the negligence involved
with your falls in the category of medical malpractice? Do you want to know the
criteria involved with treating the cases under medical malpractices? Before
hiring a medical malpractice lawyer, here we are describing the determining
criteria for medical malpractice.

Medical standards not followed

There are certain standard medical procedures that
need to be followed while treating particular types of medical conditions.
These procedures are recognized by the concerned regulatory medical bodies.
These procedures are called standards of care. As a patient, it is your right
to expect that your medical professional is providing care in accordance with
these norms. If he violates these standards, you should consider hiring a
medical malpractice attorney as a case of medical malpractice may need to be
filed against him.

Injury caused due to negligence

Simply violating medical norms doesn’t amount to
medical malpractice. But a patient needs to prove that he has to go damaged or
injured due to this medical malpractice. Here it is worth mentioning that
undesired results of treatment can’t be considered medical malpractice.
Negligence without injuries can’t be challenged in court as medical
malpractice. Your medical malpractice attorney would better decide on this.

Damage caused due to negligence

Proving malpractice is really hard. You have to prove
it through the reports and testimony of numerous medical experts. To make their
claim valid a patient or his dependent must prove that the patient has got a
disability, loss of wages, or great suffering due to negligence. Seek the
advice of a medical malpractice attorney.

Signs of Medical Malpractices

You have chosen a good hospital for your treatment
where every medical professional is highly trained. But still, you can suffer
medical malpractices. Errors in diagnosis can be made, wrong physiotherapy can
be given or even wrong medicines can be administered. Even if you are not a
doctor, there are several signs that hint at medical malpractice.

Lack or failure of diagnosis

You have visited a doctor for your ailment who has
failed to diagnose your disease. In some cases, there are devastating results
of failure in diagnosis. Cancer and infectious diseases are a few examples. If
your doctor fails to diagnose cancer at an early stage, it may get to an advanced
stage where treatment could be difficult. Cancer in the early stage can be
treated well and cured.

Likewise, if a doctor fails to diagnose infection at
an early stage, then the infection may spread to other parts that could be
difficult to treat.

People who have undergone such a situation may hire a
medical malpractice lawyer to consider legal options.

You are not improving with treatment

If you have been taking treatment for a particular
disease and you are not responding to it well, it could be a sign that you have
not been diagnosed well and the medicines given are not right.

Your treatment is not commensurate with your diagnosis

If you have found that your treatment is not
commensurate with your diagnosis then you may have suffered medical malpractice.
Sometimes doctors may operate on patients for a minor problem that could have
been treated with medicine.

Sometimes reverse is true. Your doctor doesn’t perform
surgery where it is a necessity.

Both these situations come under the purview of medical
malpractice law.

Your doctor doesn’t prescribe extensive test

Some complex diseases require extensive testing. If
your doctor diagnoses you with a serious illness just after basic testing then
don’t think he has saved your money, instead, he has misdiagnosed you. If you
have suffered due to not performing extensive testing your medical malpractice
attorney guide you on how to exercise legal options.

The second opinion differs

When it comes to serious diseases, you can’t just rely
on a single doctor or hospital. It is always wise to seek a second opinion. If
the second opinion differs then your doctor may not have diagnosed you
correctly. If you seek a third opinion and it supports a second opinion then it
is certainly a case of malpractice. Go, search for a good medical malpractice

The hospital is understaffed

If you have got admitted to a hospital that couldn’t
serve you properly due to a lack of staff then it is a clear case of
malpractice. Hire a lawyer who deals with medical malpractice.

They erred during surgery

Sometimes doctors make a mistake during surgery that
makes the situation further complex. If you have developed a symptom different
than the original problem then you may smell the wrong surgery. Confirm it with
another doctor and hire a medical malpractice attorney as you may need to file
a case of malpractice.

They didn’t follow-up

Most times follow-ups are required to keep an eye on
the patient. Good doctors want to know whether the situation of the patient is
improving. If they don’t follow up and your condition worsens then it be a case
of medical malpractice. You should start searching for a malpractice lawyer.

What are the Common Medical Malpractices

Medical malpractices are very common and anyone
related to the medical fraternity will vouch for that. But there are certain
malpractices that are very common. Here we turn the spotlight on them.

Childbirth Injuries

Childbirth has been an important part of a couple’s
life. Couples pay a lot of attention to safe childbirth. But this most
important event of their life is not without medical malpractices. Here are
some of the common injuries that can be caused before, during, or after

  • If the standard of prenatal care is poor that it may
    cause injuries.
  • If the pediatrician or medical staff carrying out
    childbirth is not trained enough and uses forceps wrongly or puts excessive
    force while bringing out the baby from the birth canal then it may cause
  • There are situations when the umbilical cord is
    entangled around the neck, face, or nose of the baby. If the situation is not
    handled well then it may cause injuries.
  • If your doctor is not able to find out the fetal
    distress then it is considered major medical malpractice.
  • In some stages of childbirth, performing a C-section
    becomes the need of the hour. If the doctor is not able to do this, then it is
    a case of medical malpractice.
  • During childbirth, medical assistants may drop, shake
    or mishandle the baby which is serious medical malpractice.
  • Not giving mothers adequate information about the
    prenatal health condition of their child is also medical malpractice.
  • If you feel that you have faced any such negligence
    you can search for a medical malpractice lawyer.

Surgical or Procedural Malpractices

Are you or anyone close to you going through an
emergency or planned surgery? There is enough staff to carry out this surgery
safely. A set of procedures have been set for it. Here we turn the spotlight on
some of the major surgical or procedural malpractices which deserve the
attention of your medical malpractice lawyer.

  • Sometimes surgeons operate on the wrong part of the
  • There are instances of surgeons operating on the wrong
  • Leaving tools, gauges or other medical equipment
    inside the body is also medical malpractice.
  • The inability to give proper anesthesia is also a
    major malpractice.
  • Not following the standard medical procedures before,
    during and after pregnancy also falls in the same category.
  • If you have suffered such a situation, then you should
    look for a lawyer that specializes in medical malpractice law.

Misdiagnosis or Delayed Diagnosis

Misdiagnosis or delayed diagnosis consists of a large
part of medical malpractices. A delayed diagnosis worsens the disease and
increases the cost of treatment. The patient may not recover completely or in
some cases even die. Here are the major medical malpractices related to delayed

  • Failure to identify signs and signals of a disease in
    time. Such a failure sometimes leads to the death of the patient.
  • Failure to prescribe a test to know more about the
  • Failure to refer the patient to a higher hospital in
    time. Some patients can be managed at the hospital and they need to be sent to
    a higher hospital for adequate treatment.
  • Test results are not explained properly.
  • Test results are missing.
  • Errors were made during performing the test and
    analyzing the results
  • If you are a victim of any of these conditions you may
    consider looking for a lawyer who specializes in medical negligence.

Prescription Drug Errors

Malpractices related to prescription drugs may vary
from small health issues to death. Here we list some of the major prescription
drug malpractices.

  • When a doctor prescribes the wrong medicine for an
    illness it is referred to as a prescription drug error.
  • Even if the prescribed medicine is right, some doctor
    prescribes the wrong dose, either too much or too less.
  • Inability to identify allergic reactions and fatal
    interactions of different medicines.
  • Inability to find out symptoms of addiction, abuse, or
    drug overdose.
  • If you have suffered prescription drug malpractice,
    your medical malpractice lawyer will tell you about the options available in

Treatment Inability Malpractice

The inability to treat is also one of the major
malpractices. Here we list some of the major malpractices related to the
inability to treat.

  • Releasing a patient soon after admission
  • Not giving proper follow-up instructions
  • Failure to prescribe the right medical test
  • Not keeping in view proper medical history before
    prescribing a treatment regimen

Things to Do After Suffering Medical Malpractice

Have you just undergone treatment and suspect that you
have suffered medical malpractice? Or, are you suffering due to the negligence
of your health professional? In such conditions, you need justice and get
compensated adequately. But it is easier said than done. You need to hire a
medical malpractice lawyer. But before you have to follow certain steps failing
which your road to justice and compensation is not going to be easy.

Keep your medical records safe

If you want to sue your healthcare provider for
medical malpractices then the first thing you should do is to keep your medical
records safe. The medical records related to your care are highly important.

Proving medical malpractices are highly difficult and
it gets more difficult when some of your records are missing. Having medical
records will prove that you have got physical injuries and damages that need to
be compensated. With medical records in hand, your lawyer is well-equipped to
file the lawsuit.

Approach a medical lawsuit lawyer

Once you have known the malpractice and secured the
document, it is the right time to approach an experienced malpractice lawyer.
The attorney will help get you more medical records and decide on a course of action.
His presence will bring a professional approach to your case.

Report the malpractice

One thing where most victims of medical malpractice
make a mistake is not reporting it. The matter should be immediately reported
to the state licensing board which will investigate the matter. Here the
malpractice lawyer will guide you on how to file the complaint.

Don’t talk about it on social media

You might feel like venting your anger on social
media. But while doing so you may reveal details that a defendant attorney
could get an edge. You should stay away from it if you have plans to file a
medical malpractice case.

Don’t compromise your health

As you have got an injury or damage, you should pay
equal attention to your health as well. Seek out the best medical advice while
keeping your malpractice attorney in the loop.

File a lawsuit

If you and your medical attorney are not satisfied
with what is offered to you as compensation then you should consider filing a
lawsuit. If the insurance company has failed to assess your situation and has
not compensated you well then ask your malpractice lawyer to take legal action.

Frequently Asked Questions

People suffering from medical malpractices have
several questions. Here we answer prominent among them.

How to know that you have suffered medical

There are several things to know to be sure that you
have suffered medical malpractice. If you’re not responding well to the
treatment then it is a sign. If a second or third opinion differs from the
original diagnosis it is also a sign. Doing an undesired surgery or not doing
necessary surgery also falls in this category. An understaffed hospital also
indicates medical malpractice.

Against whom I can file a lawsuit in a medical
malpractice case.

The ideal answer is you can sue anyone who has
committed a mistake. In most cases, a lawsuit is filed against a doctor but
sometimes people also sue a nurse, anesthesiologist, or other staff for their

How much compensation I can expect from a medical
malpractice case

It depends upon a number of factors. Most damages are
compensatory damages where compensation is paid for financial, physical, or
emotional sufferings.

However, there is also a provision for economic damage
where the victim is compensated for the cost of treatment (including future
treatment) and loss of income.

Define ‘standard of care’ in medical malpractice

Standard of care is also referred to as standard
medical care or best practice or standard therapy. This is the treatment
recognized by medical experts as the appropriate treatment for certain
diseases. As it is standard therapy it is used by a large number of

Define statute of limitation in the context of medical
malpractices case.

In simple words, a statute of limitation can be
defined as a period or window in which a victim can file a claim. Usually, it
starts from the date of the incident. However, it may be extended in certain
circumstances. The statute of limitation may be extended on the basis of the
discovery rule.

What are damage caps? Define in simple words.

Damage caps can be defined as the compensation amount
a medical malpractice victim can receive. It is often (not always) awarded by
keeping inflation in view. It has been introduced as a check and balance
mechanism to ensure that the jury can’t do a favor to the plaintiff or

Should I hire a medical malpractice lawyer?

It is not necessary. However, it is always wise to do
this if you want to win the malpractice claim as medical malpractice lawyers
are highly experienced in collecting medical documents and hiring experts to

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