If you’re reading this, then there is a good chance that you or a loved one has been affected by medical malpractice. Picture this, You go into the hospital for a routine colonoscopy. Before your surgery, you fill out all the necessary paperwork and sign on the dotted line. After which you are prepped for sedation and wheeled off into the operating room. The procedure itself goes off without a hitch, however two days after the surgery you begin to bleed from your private area. Having instructions given to you before the surgery, there was no mention of potential bleeds. The blood will not stop so, you find yourself in the emergency room. After a scan, you find out that you have a perforated colon. Now faced with an emergency room bill on top of the $14,000 bill from the surgery you’re staring down the barrel of financial ruin. Looking for someone to blame, you realize that you were not told of any risks at all, but the emergency room physician informs you that this is something that can happen if a surgery is botched.
If this happened to you I am sure you would be furious and looking for someone to blame. I know you as a logical person know that all surgeries come with risks however this does not diminish the fact that you now have several bills that you did not plan for. With your injury and the knowledge that you were not advised before surgery of such a potential outcome, you decide it’s time to speak with a lawyer, but you’re still not sure if you have a medical malpractice case.
It can be hard to determine whether one has a medical malpractice case any good malpractice lawyer will review the case collect evidence and let you know whether they can represent you and if there is a case to answer for. One of the greatest challenges to ascertain whether there is a medical malpractice is the “Code of Silence” in amongst the medical profession. As in any other fraternity doctors and nurses will pull rank to protect one another whether they are innocent or guilty.
Furthermore, it is hard to prove intent. Not all medical malpractice has to be or is intentional. Accidents happen, which is why medical professionals have malpractice insurance. You may feel like you should not hire a medical malpractice attorney and go on your own but this would be an unwise choice because firstly you are not a lawyer and secondly you don’t know how much money you should ask for. The average settlement figure is around $500,000, and most lawyers take 30-40% of that figure.
How do I prove a medical malpractice occurred?
In order to prove you have a case for medical malpractice you need to think about the following aspects.
To prove that you have a medical malpractice case you need to prove or show the following things. First, you must show that you had a relationship with a doctor, asked for and engage in their services. Secondly, you have to prove a negligence which is hard especially when you know full well that there are risks associated with surgery. However, if the doctor is known to be a drinker or there is alleged drug use, then you can use the doctor’s background to back up the claim of negligence. Lastly, you must prove that the doctor’s negligence caused your injuries and that you have lost either income or have suffered mental anguish as a result of the injury.
The best way to begin a medical malpractice suit is to speak with an attorney such as Douglas Healy. Any good attorney will meet with you, discuss the issues and figure out whether you have enough to make a medical malpractice case stick.
The Takeaway
Whether you think you have a claim, or not, you should always speak with an attorney after a suspected malpractice has occurred. Moreover, you do not want to leave the issue unchecked for too long. Many states have statutes of limitation that are as little as 1 year on medical malpractice claims. Don’t delay, meet with a lawyer like Douglas Healy today