We trust medical professionals to make the right choices for our medical care. But when errors occur in diagnosing, treating, or monitoring a patient, the results can be catastrophic and even fatal. The medical malpractice lawyers of Munley Law understand how devastating a negligent medical error can be and the long-term implications it can have on your family.
For 65 years, the personal injury lawyers of Munley Law have represented injured victims of negligent medical practices. We can handle negotiations with insurance companies or take your case to court with a medical malpractice lawsuit. Call the medical malpractice attorneys of Munley Law today for a no-obligation, free consultation.
What Is Medical Malpractice?
The National Library of Medicine defines medical malpractice as “any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.”
Medical malpractice laws make it possible for victims of substandard medical care to recover compensation for their suffering. It is estimated that medical errors are the third leading cause of death in the United States.
However, not all medical errors will fall under a medical malpractice claim. It must be proven that the medical error resulted from negligence and that another physician in a similar situation would not have given the same care.
This is why personal injury lawyers who specialize in medical negligence often consult medical experts to determine whether the standard of care was breached or if the injury was caused by an unfortunate medical mistake.
Examples of Negligence in the Medical Field
While dozens of errors can occur in a healthcare facility, the following are some of the most common ones in medical malpractice claims.
Misdiagnosis
Misdiagnosis is one of the most common forms of medical negligence. Often, misdiagnosis is seen in cancer diagnosis.
A misdiagnosis occurs when a physician fails to diagnose the patient’s condition. This can prove detrimental to the injured party as the extended time without the proper diagnosis delays treatment and potentially worsens the condition.
For example, a cancer misdiagnosis delays life-saving treatments like surgery, chemo, or radiation. This can shorten the patient’s lifespan and significantly decrease the likelihood of successful treatment.
Birth Injuries
Birth injuries are a complex sector of medical negligence because the negligent act can occur at any time during the pregnancy, labor, and delivery and shortly after birth. Birth injuries not only have catastrophic physical implications for the child, but they also can lead to physical harm and mental anguish to the mother.
Common types of birth injuries include:
- Cerebral palsy
- Nerve damage
- Bone fractures
- Brain damage
- Asphyxiation
- Spinal cord damage
Some birth injuries are unavoidable, especially when assistive devices like forceps are used. However, those injuries usually resolve. But when an error causes a child life-long disability, there must be legal recourse.
While the parents or guardians of the newborn can seek legal action against the health care professional, should they wait until the child is no longer a minor, the statute of limitations does not begin until the child’s 18th birthday.
Surgical Errors
Surgery is a scary thing, even if it’s a straightforward procedure. Many of us even suffer from anxiety around surgery because of the many moving parts. And when your worst fears come true and a surgical error occurs, you can feel completely helpless.
Surgical errors can occur at any point in the medical procedure. This includes giving the wrong medication before or after the operation, anesthesia errors, or something going wrong on the operating table.
Other forms of surgical error include:
- Left behind foreign bodies
- Mislabeled specimens
- Wrong-site procedure
- Wrong surgical procedure
- Wrong patient
- Post-op complications
Injured patients who suffered a surgical mistake must immediately call Munley Law to pursue compensation.
Medication Errors
Medications can be life-saving. But they can also be life-ending if not prescribed correctly. Medical malpractice victims who have suffered from medication errors have options for financial recovery.
Common examples of medication errors include:
- Prescribing errors
- Dosage errors
- Wrong treatment
- Allergy
- Drug interactions
- Failure to warn of side effects
Medication errors can be complicated because it is not always the fault of the prescribing physician or the pharmacist when something goes wrong. Instead, if a drug is not created with proper warnings before going out on the market, and patients begin to suffer severe side effects, the pharmaceutical company who created the drug or the manufacturer can be held liable in a product liability lawsuit.
However, doctors also have a duty to patients to take proper medical histories, educate patients on the risks of the drug, and review currently prescribed medications to limit the chances of drug interactions.
When any of these actions do not occur, patients suffer. As a result, patients are entitled to seek fair compensation for their suffering.
Anesthesia Errors
Many factors go into administering anesthesia for medical procedures. Some patients have sensitivities to anesthesia, which means those administering it must be cautious. But other elements come into proper care that, when missed, can be fatal.
Anesthesia errors may occur during the post-op phase or the actual procedure and include:
- The wrong dosage of anesthesia is administered
- Anesthesia is administered incorrectly
- The patient was not monitored properly
- The patient was left unattended while coming out of anesthesia and became ill
- The patient’s medical history was not checked, and there was a reaction as a result
- Vital signs are not monitored
- Surgeon instructions are not filed
- The patient is not given proper instructions before the surgery, resulting in complications with anesthesia.
- Allergic reactions or other complications were not recognized in a timely manner
Anesthesia errors are particularly fearsome because the patients have no idea they are happening to them. This is why we hold the responsible parties accountable for patients who are harmed at their most vulnerable.
How Can I Prove Medical Negligence?
To have a medical malpractice case, you must establish that the provider was negligent in their conduct and did not follow the medical standard established in the field. To prove medical negligence, you must illustrate the following:
- There was a doctor-patient relationship, and the doctor owed you a duty of care. For example, you established care with a surgeon for a procedure.
- There was a breach of duty. The surgeon operated but left behind a surgical instrument in the body before closing up.
- The breach resulted in injuries to the patient. The foreign object caused the patient to get an infection.
- The injuries caused the patient to suffer actual damages. The prolonged infection resulted in extended hospitalization.
While this may seem straightforward, the reality is that proving medical negligence is incredibly complex. Working with a medical malpractice lawyer will increase your chances of a successful case. With the help of a lawyer, they can gather evidence of the faulty medical procedure, medication, or diagnosis, consult with expert testimony, and secure compensation for the negligent actions.
If you would like to take legal action against a medical practitioner, call Munley Law.
Compensation in Medical Malpractice Cases
Victims of medical negligence by a physician or medical facility may be entitled to compensation for their losses. Compensation in these cases is broken down into economic and non-economic damages.
Economic damages include:
- Medical bills, including future medical expenses
- Medication, assistive devices, rehabilitation
- Lost wages, including diminished earning capacity
Non-economic damages include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of companionship
- Loss of consortium
- Diminished quality of life
- Disability
- Disfigurement
In cases where the defendant is meant to be punished for their conduct, punitive damages may be awarded to stop them from doing something like this again.
Caps on medical malpractice damages differ widely across states. Many states limit the amount a patient can recover for non-economic damages, such as pain and suffering. Economic damages, like medical bills and lost wages, are generally not capped. Caps on non-economic damages can range from a few hundred thousand dollars to over a million, depending on the state. Some states have no caps, while others adjust their caps for inflation or set them based on the type of claim or number of defendants. In some states, caps have been challenged or overturned as unconstitutional, adding more complexity. Understanding these caps is crucial for anyone filing a medical malpractice claim. Consulting with a legal expert can help navigate the specific rules in your state.
A medical malpractice lawyer can calculate the value of your malpractice claim to ensure you get the most compensation.
How Long Do You Have to Sue for Medical Malpractice?
The statute of limitations for medical malpractice lawsuits in most states is two years from when the malpractice was
discovered or should have been discovered. It’s important to note that each state has its own rules and deadlines, so you should consult local laws or a legal professional to understand the specific time limits that apply to your situation. However, there are exceptions to this time limit.
For cases involving minors, the clock doesn’t begin until the minor turns 18. This means they have until 20 years old to sue negligent medical staff. However, if the child’s parents or guardians file a claim on their behalf, the minor cannot sue for financial compensation again.
If the malpractice resulted in the death of the patient, the family of the deceased has typically two years from the death date to file a wrongful death lawsuit.
Nationwide averages for medical malpractice litigation suggest that these cases take two to five years to resolve. When you’re already suffering, this time commitment can seem overwhelming, but with compassionate legal representation, you can overcome this difficult time.
Is There a Difference Between a Medical Error and Medical Negligence?
Though we often interchange the terms medical error and medical negligence, they are two separate things in the legal context.
A medical error is often a failure in medical treatments that may or may not cause patient harm. Medical errors typically do not result from a medical professional not following the standard of care but instead may be an unforeseen complication.
Medical negligence, on the other hand, is a direct result of a medical professional falling outside the standard of care, resulting in harm or wrongful death of a patient.
Who Can Be Held Responsible for Medical Negligence?
Any person or entity in your healthcare team can be liable for medical negligence. Commonly, medical malpractice claims are placed against the following parties:
- Medical professionals, including doctors, nurses, physician assistants, and dentists.
- Healthcare facilities like a hospital, urgent care, or nursing home.
- Pharmacists who have given the wrong dosage of a medication, given the wrong prescription, or mixed a medication incorrectly.
- Pharmaceutical companies and/or manufacturers who failed to warn about the drug’s side effects or dangers.
- Surgeons or anesthesiologists who made a mistake in the operating room.
While several entities can be held liable for your health care provider’s negligence, you must contact a lawyer quickly to establish liability.
My Doctor Admitted They Made a Mistake. Do I Have a Case?
The short answer is that just because a doctor admits they made a mistake in your care doesn’t necessarily mean you have a case. To have a medical malpractice case, you need to prove that the doctor did not follow the standard of care another doctor in a similar situation would have.
However, if your doctor did admit to making an error in your care, a medical malpractice lawyer can review your claim and medical records to determine if there is legal cause.
How Can a Medical Malpractice Attorney Help with My Case?
Taking on negligent medical professionals alone is no easy task. Doctors, hospitals, nursing home facilities, and other medical institutions all have legal teams and insurance adjusters ready to combat medical malpractice claims.
This is why you must work with an experienced medical malpractice law firm. With over 60 years of experience fighting for the injured, we have taken on the largest names in the medical industry, stood up against the insurance companies, and secured maximum compensation for our clients.
Our lawyers take on negligent medical providers by:
Investigating your legal claim. We’ll review your case and begin to establish what went wrong.
Collect evidence. Healthcare providers know when they’ve messed up; some will even break the law to alter medical records to avoid a lawsuit. But they don’t stand a chance against Munley Law. We’ll work with medical experts to establish liability.
Negotiate with the insurance company. Doctors have medical malpractice insurance coverage for situations just like this. However, their insurance adjusters will do everything possible to minimize the payout you receive. We’ll handle the negotiations until a fair settlement is reached.
We will represent you in court. The majority of medical malpractice claims end in a settlement outside of court. But if an agreement cannot be reached, we’ll stand by your side in trial to hold negligent healthcare providers accountable.
When you put your trust in a healthcare professional, you should feel at ease that your care is being handled professionally. But when the standard of care falls, you need someone to be your advocate.
If you or a loved one were a victim of medical malpractice and suffered serious injury or death, call Munley Law. Our lawyers will walk you through the legal process so you can focus on recovery. Call today for a no-obligation, free consultation.
