When you seek medical care, you trust your healthcare provider to deliver safe and effective treatment. However, when this trust is broken due to negligence or error, the consequences can be life changing.
Medical malpractice is a serious issue. It is a breach of duty, and those who’ve been affected deserve justice and accountability.
At Thomas Law Offices, we are ready to advocate for you. Learn more about how our experienced Lexington medical malpractice lawyer can help you bring these practitioners to justice.
Medical Malpractice in the Healthcare Industry
Medical malpractice occurs when a licensed healthcare provider causes harm to a patient. This usually happens when they deviate from the accepted standard of care. That standard refers to the level of care and skill a similarly qualified professional would provide under the same circumstances.
Not all poor outcomes for a patient qualify as medical malpractice. Despite the best efforts of a doctor and their staff, some ailments and injuries can’t be healed. However, when it is established that the healthcare provider’s actions have been negligent, there can be a valid case of medical malpractice.
For that case to move forward, that negligence must have directly caused harm.
Some examples of medical malpractice include:
- Misdiagnoses and delayed diagnoses
- Surgical errors
- Medication mistakes
- Birth injuries
- Failure to obtain informed consent
If you or a loved one have been affected by these issues, our Lexington medical malpractice lawyer can help assess your case’s merits.
Establishing Medical Malpractice
When you are already dealing with the physical and emotional toll of an injury, pursuing a legal case can feel like an impossible journey. For this reason, you need an experienced Lexington medical malpractice lawyer to help guide you through the process.
Four key elements must be established. These include:
Doctor-Patient Relationship
The first step is proving that a doctor-patient relationship exists, meaning that the provider agreed to treat you, and you entrusted them with your care. While this might sound obvious, it’s an essential step because it establishes that the healthcare professional has a legal duty to provide you with a certain standard of care.
For example, if you casually ask a doctor friend for advice at a party, that is not the same as a formal doctor-patient relationship. But if you seek care at their office or hospital and they agree to treat you, the relationship and their responsibility become official.
Breach of Duty of Care
Next, you must prove that the provider failed to meet the “standard of care.” A competent professional in the same field would be expected to provide this level of care under similar circumstances. In other words, what would another doctor or nurse have done in the same situation?
For example, if a surgeon leaves a medical instrument inside a patient or a doctor dismisses symptoms that any reasonable provider would recognize as serious, those actions may qualify as a breach of duty.
Causation
It is not enough to show that a mistake was made. You must also prove that the error directly caused your injury or worsened your condition. In many cases, healthcare providers and their insurers will argue that your injury or illness was unavoidable or caused by something unrelated to their actions.
Damages
Finally, you must prove that you suffered actual, measurable harm due to the provider’s negligence. This can include:
- Physical injuries
- Emotional harm
- Financial losses
The damages must show the full extent of how the malpractice has affected your life. This is vital to building your case and securing the compensation you deserve.
Who Can Be Held Responsible in These Cases?
Anytime you take legal action, it can be incredibly stressful. Sometimes, in medical malpractice cases, more than one person is at fault. These parties may include:
Doctors and Surgeons
Doctors are usually the first to come to mind in a malpractice case. According to data from the American Medical Association (AMA), nearly one-third (31.2%) of physicians reported in 2022 that they had previously been sued for negligence or error.
Whether it is a missed diagnosis, a mistake during surgery, or prescribing the wrong medication, they are expected to follow a certain standard of care. When they don’t, it can have life-changing consequences for their patients.
Nurses
These professionals play a considerable role in your care. They administer medication, monitor your condition, and keep everything on track. But when they’re overworked, undertrained, or make an error, it can lead to giving the wrong dose of a medication or missing warning signs of a complication.
Pharmacists
You might not think of your pharmacist as someone who could be involved in malpractice, but mistakes at the pharmacy can be just as harmful. Sometimes, they could fill out the wrong medication, provide an incorrect dose, or fail to catch dangerous drug interactions.
Hospitals and Healthcare Facilities
In some situations, it is not just the people but the system at fault. Hospitals can be held responsible when issues like understaffing, poor training, or broken equipment contribute to a mistake. For example, if a hospital hires inexperienced staff or does not keep the facility clean and safe, it can be held accountable for what happens to patients.
Medical Device Manufacturers
Medical devices are supposed to help you heal, not hurt you. But if a device is poorly designed, tested, or manufactured, it can lead to serious injury. In those cases, the manufacturer of the device could be liable.
Specialists and Consultants
When anesthesiologists, radiologists, or cardiologists are brought in, you expect a certain level of expertise. However, they could miss something important, such as giving the wrong dose during surgery or misreading an X-ray. All that can lead to injuries and make them responsible for your injury.
Nursing Homes and Assisted Living Facilities
If you or a loved one has been injured in a nursing home or assisted care facility, it’s not always just the caregiver who’s to blame for the abuse. The facility itself might share responsibility if it failed to provide proper training, didn’t prevent neglect, or ignored safety issues that led to harm.
At the end of the day, figuring out who is responsible takes a thorough investigation. At Thomas Law Offices, we will work tirelessly to uncover every detail. We’ll make sure that everyone who played a role in your injury is held accountable.
What Evidence Solidifies Your Medical Mistake Claim?
Proving medical malpractice requires you to back up claims with strong, reliable evidence. Some of these pieces of evidence we use include:
- Medical records: These records often serve as the foundation of a case. They can provide a clear timeline of your diagnosis, treatment, and outcomes.
- Expert testimony: These professionals play an important part in explaining how your provider’s actions deviated from the standard of care and how it was those actions that directly caused your injury.
- Detailed timelines: Reconstructing the events leading up to and following the malpractice can help establish causation and highlight where things went wrong.
- Witness statements: Testimony from nurses, family members, or others present during your care can help support your case.
Building a strong case requires a skilled and knowledgeable legal team. At Thomas Law Offices, we know that these claims can be extremely complicated. Let us cut through the process as you focus on your healing.
How Can You Benefit from a Medical Malpractice Claim?
If you’ve been harmed by the negligence of a healthcare provider, filing a medical malpractice claim can provide many benefits. When you were injured, you might have sustained high medical costs, including:
- Emergency care after the malpractice incident
- Additional surgeries or corrective procedures
- Long-term rehabilitation or physical therapy
- Costs of prescription medications or medical devices
A successful claim can help you recover compensation for any past and future medical expenses that are related to your injury, freeing you from the burden and financial fallout of someone else’s negligence.
If your injury caused you to miss work or permanently impacted your ability to earn an income, you can seek financial compensation for lost wages and diminished earning capacity. This is vital for those who face long-term or even permanent disability as a result of malpractice.
The emotional and physical toll of these incidents cannot be overlooked. Compensation for pain and suffering acknowledges your distress and reduced quality of life. This can include:
- Physical pain from your injury or ongoing treatment
- Emotional trauma, such as anxiety, depression, or PTSD
- Loss of enjoyment of life due to lasting injuries
However, a successful medical malpractice claim is about more than just financial compensation.
These claims center on accountability. By taking legal action, you can ensure that the negligent provider or facility is held responsible for their actions. This can lead to changes in policies and procedures. In turn, it can reduce the likelihood of similar harm to others in the future.
In cases of wrongful death caused by medical malpractice, filing a claim can provide much-needed financial support to surviving family members. Compensation can help cover funeral costs, lost income, and the emotional loss of a loved one.
Finally, there’s the peace of mind that comes with a successful claim. While no amount of money can undo the harm you have suffered, taking action can offer a sense of closure and justice.
How a Lexington Medical Malpractice Lawyer Can Help
At Thomas Law Offices, we understand how stressful this process can be for you and your family. Our team is here to shoulder the legal burden for you. We take the time to thoroughly investigate the circumstances of your claim and consult industry experts to build the most substantial claim on your behalf.
When you work with us, you’re not just another case file. You have been through a life-changing event and deserve a team to fight for you. Let our Lexington medical malpractice lawyer assist with your claim. Learn how we can help with a free consultation.
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