We rely on our doctors and the medical teams caring for us to prioritize our safety and health during treatment. However, medical treatment is subject to inaccuracy, which can lead to detrimental consequences.
You might be questioning whether a medical malpractice claim is an option because of the injuries you sustained during treatment. A Wallingford, CT medical malpractice lawyer provided a few examples of what this could look like including a misdiagnosis or failure to diagnose, emergency room mistakes, and birth injuries. Keep in mind, that this is not an extensive list. It’s best to discuss your situation with an attorney to see what options you have to move forward.
The issue of malpractice overall is challenging, and it takes an exceptionally experienced team of attorneys to prove your injuries could have been avoided. Additionally, time is a critical factor in when you can file a claim, so never put off a claim until a later date.
Asking the Important Questions
There are four essential questions to ask when considering a malpractice claim. It is best to discuss them with a medical malpractice attorney immediately. A statute of limitations governs the time you have after the injuries occurred or when you discovered the injuries for filing the claim. These deadlines are discussed below and will be critical to your claim.
Was the Standard of Care Practiced by My Medical Team?
A standard of care are practice that practitioners widely accept in a specific field as the normal specifications for care. The National Library of Medicine revealed that it is the degree of care a prudent and reasonable person would exercise under the circumstances. When a physician deviates from the accepted standard, this supports malpractice evidence.
Once this is determined, it is up to the injured party to prove how the provider failed to perform like other physicians in the same practice would have. It can take an extensive investigation and require potential statements from witnesses and opinions from expert witnesses to produce this information.
Were My Injuries Preventable?
Ignoring indisputable signs that a patient’s health is compromised due to the care received or failing to provide the appropriate follow-up care indicates that a patient’s complications could have been prevented. Often, unexpected complications arise and cannot be controlled or anticipated. But if these complications required monitoring and this did not happen, then negligence may have played a part in causing the damages.
Are the Damages I’m Suffering the Result of the Negligence?
Mistakes happen pretty frequently in the medical field. Past estimates show that approximately 251,000 deaths occur in the United States annually because of medical errors. This number does not account for injuries caused by medical procedures.
As a developed country, the medical errors that occur in the U.S. are significantly greater than in other developed countries and estimates state that less than 10% of medical errors are even reported. Medical mistakes usually leave no lasting effects on the patient when caught and immediately corrected. It’s when the mistakes go unnoticed, and you acquire losses due to the treatment a medical malpractice claim is appropriate.
Has the Deadline for Filing Passed?
Each state has a statute of limitations that applies, explaining how long you have to file a legal claim for any reason. These limits also apply to medical malpractice claims. Most states also have a deadline when filing a claim is no longer an option, regardless of when the injuries become apparent.
The injuries you’re suffering may have just become noticeable, but the medical procedure you believe caused the injuries happened five years ago. If the statute of limitations does not allow any case to be brought more than four years after the procedure causing the injuries, then legal action cannot be taken. Never ignore symptoms that may indicate a medical error after a procedure.
Damages in a Medical Malpractice Claim
Seek out a medical malpractice attorney experienced in this particular type of claim immediately and start compiling the information. This process is detailed and time-consuming. Often, a free consultation will allow you to decide if filing a medical malpractice claim is what you should do.
In addition to securing witness testimony, creating the story of a patient’s injuries through medical documentation, and working with expert witnesses, a medical malpractice attorney will investigate any other potential claims against a physician or medical team to search for a pattern of negligence or if medical mistakes may have been covered up in the past.
These injuries are often life-altering, and the victim of neglect is left with extreme physical and financial hardship. Investing in your health is significant. When it has been taken away, speak with a medical malpractice attorney to get help answering the four questions above and begin your journey toward the compensation you deserve.
