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Medical Malpractice

According to one recent study, medical errors are now a leading cause of death in the United States, killing more people than virtually any other cause. Medical malpractice isn't always readily apparent, particularly since many victims are already quite ill. If you or someone you love has been injured or died under the care of a medical provider, you might have a medical malpractice claim. Doctors have a duty to follow the standard of care and to protect their patients, so if you are concerned that your doctor might have injured you, contact us for help today.

What is Medical Malpractice?

Doctors are not under any obligation to save everyone they treat, nor even to present a patient with each and every treatment option. Failure to offer cutting-edge research or to enroll a patient in a medical trial is not medical malpractice. But a deviation from the standard of care that injures a patient is.

Thus to win a medical malpractice claim, you must prove that your doctor did something that better doctors would not have done. Most medical malpractice cases, therefore, require the testimony of an expert witness who can analyze what the right course of treatment would have been in your case.  Some common examples of medical malpractice include:

You only have a claim if you can prove damages. If a doctor makes an error, corrects that error, and you suffer no ill effects, you have no damages. But if you must pay for the error in any way—such as funding the wrong medication—or if you suffer a medical problem as a result of a doctor’s error, you almost certainly have a case.

Medical Battery: A Variation of Medical Malpractice

One common variation of traditional medical malpractice is medical battery. This occurs when a doctor forces a treatment on a patient against his or her will, or without clear informed consent. Though rare, this situation is more common among women in labor and people with mental illnesses. Some examples of medical battery include:

Medical battery is a crime, but it is also a form of medical malpractice. As with other medical malpractice claims, you will have to prove that the medical battery caused you to be injured.

How Much Can You Recover With a Medical Malpractice Claim

The primary purpose of a medical malpractice claim is to recover what you have lost. Thus your recovery will be greater if you have suffered more extensive injuries. Some of what you may be entitled to includes:

Other Options for Litigating a Medical Malpractice Claim

If your doctor severely injured you, you might want to file a suit to protect other patients. You have options in addition to your lawsuit. A skilled medical malpractice attorney can help you file a complaint with the medical board. This could cost your doctor his or her right to practice medicine. It’s generally best to only do this after your claim has been litigated, though, since your doctor might lose insurance coverage—and therefore the ability to pay your claim—if his or her license is revoked.

You may also be able to sue the hospital or facility at which your doctor works. This can be especially important if you want to give the facility a strong incentive to terminate your doctor. It can also help ensure your claim is paid, particularly if your claim exceeds the policy limits of your doctor’s medical malpractice insurance.

Why a Skilled Medical Malpractice Lawyer Matters

Medical malpractice claims are complex. They require legal and medical knowledge, not to mention skill in selecting an expert witness. Some of the risks of litigating your claim without help include:

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