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Medical malpractice lawyers represent clients who are injured or fall ill due to healthcare professional negligence. Medical malpractice refers to instances where a medical provider violates a “standard of care,” resulting in personal injury or harm to a patient.
Standard of care is defined as the generally accepted level of care that a healthcare professional should provide to their patients. This standard can vary depending on the condition, treatment, and circumstances.
How Medical Malpractice Lawyers Determine Who Is at Fault
Because every medical malpractice case is unique, there is no clear-cut way to determine who will be held responsible without an investigation. A lawyer for medical malpractice can investigate the circumstances and identify potentially liable parties. The following types of healthcare professionals may be held accountable if they fail to provide adequate treatment, resulting in further injury or illness:
Surgeons
Nurses
Hospital staff
Nursing home staff
Nurse practitioners
Examples of Negligence in Medical Malpractice Cases
The term “medical malpractice” refers to when a certified and legal medical provider fails to uphold a “standard of care,” resulting in harm to the patient. An attorney for medical malpractice can help determine whether a healthcare provider’s actions constitute negligence and whether there are grounds for a claim.
Some of the most common examples of medical malpractice cases include:
- Delayed diagnosis or misdiagnosis
- Incorrect prescription and/or treatment
- Surgical errors (ie. leaving foreign objects in the body, etc.)
- Misreading or ignoring laboratory results
- Performing unnecessary surgery
- Disregarding a patient’s medical history
- Prescribing defective medication
- Hospital liability (ie. improper emergency room care, failure to have qualified medical personnel on call)
- Nursing home malpractice
- Chiropractic malpractice
Winning Medical Malpractice Lawyers on Your Side
Statute of Limitations for Medical Malpractice
One of the areas medical malpractice law varies from state to state is the statute of limitations. Each state sets its own time limits on how long a patient can wait before filing a claim. A medical malpractice lawyer can help determine the deadline that applies to your specific case. For example, in New York, you generally have up to two-and-a-half years to file a medical malpractice claim.
This means that if you have a medical procedure, are seriously injured and the doctor or hospital did not provide the proper standard of care, you have only two-and-a-half years to contact a medical malpractice attorney and file a claim. There are a few exceptions such as:
- If the facility where the error occurs is state run, the statute of limitation is less, you only have 90 days to file a claim.
- If you fall under the Discovery Rule, when a foreign object was left in your body, you have one year after the object was discovered even if the surgery occurred outside the statute of limitations.
- If you were a child when the medical error occurred, under most circumstances, the time limit clock does not start running until you turn 18.
- If the medical error occurred as part of an ongoing course of treatment then the time clock doesn’t begin until the course of treatment ends.
What Our Medical Malpractice Lawyers Specialize In
Examples of injuries caused by medical malpractice include, but are not limited to:
- Anesthesia-related injuries (improper intubation / oxygenation)
- Birth & obstetrical injuries (Including children’s erb’s palsy, brachial plexus injuries, and cesarean section injuries
- Cardiac injuries (ie. cases where symptoms were not taken seriously or properly monitored by doctors due to the rarity of a heart attack happening within certain age groups)
- Over-radiation injuries for benign tumors
- Transplant of non-compatible organ
- Maternal deaths from birth
- Neurological injuries such as strokes
- Vision loss or blindness after NON-eye surgery
Call an expert medical malpractice lawyer in your area for a free consultation, and ask if your injuries or symptoms make you eligible to file a claim.
Medical Negligence vs. Malpractice
While medical negligence is often used interchangeably with medical malpractice or wronghful death, they are technically different. Medical negligence is defined as “when a healthcare provider performs a service that deviates from the accepted medical standard of care.” However, medical negligence is not usually enough to form a valid medical malpractice claim. A medical malpractice attorney can assess whether the negligence resulted in harm and meets the legal requirements for pursuing a claim.
If a healthcare provider gave you a treatment that is substandard according to what is normal for the field and injury, the doctor can be seen as “negligent.”
Examples of Medical Negligence Cases
- A doctor ignoring a patient’s testimony
- Giving a little too much or too little medicine
- Being late for an appointment
Note that none of these necessarily lead to a patient injury, although they could under certain circumstances. Thus, victims wishing to pursue a medical negligence malpractice case will want to hire a top medical malpractice lawyer.
Examples of Malpractice Cases
- Deliberately avoiding giving a patient needed medicine
- Making a harmful mistake during surgery
- Failing to take patient comfort into account
- Being rough or cruel in the middle of a medical procedure
- Misreading or ignoring laboratory results
- Performing unnecessary surgery
- Disregarding a patient’s history
- Prescribing of defective medication
How Our Medical Malpractice Lawyers Prove a Claim
Filing a medical malpractice lawsuit can be complex. There are two primary issues you need to prove and both are equally important:
- You need to prove that a malpractice-level mistake happened. You will need to prove that the error was outside “the standard of care.” Which means, if you were injured and the healthcare professional did not perform the generally accepted method of care for your condition taking into consideration factors such as your age, you may have a case.
- Prove that some type of serious injury was caused by the mistake. Not only do you have to show that a doctor or hospital staff member breached the standard of care, but you also have to prove that this error directly caused your injury. A hospital negligence attorney can help gather evidence to establish this connection and determine liability.
Can Medical Malpractice Lawyers Help if You Signed a Waiver?
Yes, you can sue for medical malpractice (ie. a surgical error) even if you signed a waiver before treatment. But because determining whether the injury was covered under the terminology of a waiver, and because proving malpractice cases requires in-depth investigations, assistance from experienced medical malpractice lawyers is crucial before doing so.
Some doctors and medical offices will create waivers with very strict but explicit language designed to prevent patients from suing them, even for actions that would reasonably fall under medical malpractice. A medical malpractice attorney can help simplify the language in these waivers to better a victim’s understanding of the terms and help determine the value of their case.
How Can Our Medical Malpractice Attorneys Help Your Case
Filing a medical malpractice suit can be an overwhelming and time-consuming process. The strict burden of proof and the time limits set make it important to contact an experienced attorney.
If you or a loved one has experienced a serious injury at the hands of a doctor or member of hospital staff, the medical malpractice lawyers at Sobo & Sobo can help. An experienced attorney for medical malpractice can work to prove negligence by the medical professional(s) involved, keep you updated throughout the process, and pursue maximum compensation for all related damages, pain and suffering.
Why Choose Our Firm for Your Medical Malpractice Case?
Choosing the right medical malpractice lawyer can make a significant difference in how your case is investigated and pursued.
Our team understands the complexities of medical negligence claims and works to establish liability and document the full extent of your damages.
We are committed to protecting your rights and pursuing the compensation you deserve.
Contact a Medical Malpractice Lawyer
If you or someone you know has been injured or is experiencing worse symptoms of illness due to medical malpractice and are seeking compensation, call 855-GOT-SOBO for a free consultation with an experienced medical malpractice attorney today.
FAQ’s About Medical Malpractice Lawyers
Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care and causes harm to a patient. A medical malpractice attorney can review the circumstances to determine whether there may be grounds for a claim.
Look for experience handling medical negligence claims, a strong track record, and clear communication. The right medical malpractice lawyer should understand both the legal and medical issues involved in your case.
A medical malpractice lawyer represents patients who have been harmed due to negligent medical care. Medical malpractice lawyers investigate claims, gather evidence, consult experts, and pursue compensation on behalf of their clients.
You may be able to file a claim yourself, but medical malpractice cases involve complex legal and evidentiary requirements. Working with an attorney for medical malpractice can help ensure the claim is properly investigated and filed.
Many medical malpractice attorneys handle cases on a contingency-fee basis, meaning legal fees are generally collected from the recovery rather than charged upfront. When searching for a medical malpractice lawyer near me, ask about their fee structure and any potential case-related costs before proceeding.
Consider speaking with a medical malpractice lawyer as soon as possible if you believe negligent hospital care caused an injury or illness. Acting promptly can help preserve evidence and ensure applicable filing deadlines are considered.
