How a Personal Injury Lawyer Can Help with Medical Malpractice
Medical malpractice cases are complex and require the knowledge of a specialist. In order to have a successful case, an injured victim requires someone who has extensive knowledge of the law and is also able to build a strong case for personal injury. A personal injury lawyer can help with medical malpractice cases. They know what to do and what not to do when it comes to working with insurance companies, going to court, and keeping you comfortable during an already difficult time.
Getting compensation for medical malpractice can be very hard without the help of a legal representation. Insurance companies will often try to get out of paying out, creating more problems and difficulties that they should be causing you. Without someone to represent your interests, it can often be difficult to fight these companies, but with a personal injury lawyer, you won't have this problem. Your lawyer can negotiate directly with the insurance companies on your behalf and advise you about how best to handle any situation that arises during the claim process.
What is Medical Malpractice?
Medical malpractice occurs when there is a deviation from the accepted standards of practice in the medical profession (which is published in professional journals and textbooks), and that deviation causes you harm. There are three elements to proving medical malpractice:
Standard of Care
The health care provider did not follow the accepted standards of care for his or her practice area, as determined by reliable medical resources (journals, textbooks, etc.).
A physician must have knowledge and skill in order to be held liable for malpractice. It would be impossible for a physician to meet the standard of care if he or she did not have knowledge and skill. The standard of care requires that a physician possess an appropriate education and training for his or her specialty. A general practitioner cannot be held to the same standard as a cardiologist. In addition, it is expected that a physician keeps up with advances in medicine by reading medical journals and attending conferences.
It is also expected that a physician obtains continuing education following medical school. This can include participating in seminars, lectures, or other learning opportunities. Failure to obtain continuing education may be evidence that a physician's skills are outdated, which will impact his or her ability to meet the standard of care.
You were actually injured as a result of this deviation from the standard of care; not merely inconvenienced or emotionally upset. For example, if you were misdiagnosed and treated for the wrong condition, but suffered no physical injuries, you would not have a valid claim.
The doctor's negligence must be the proximate cause of your injuries, meaning he/she must be responsible for the actual damage that was done. If, for example, you slip on an icy sidewalk and break your arm in two places while exiting the hospital after surgery, it is likely that you would have broken your arm regardless of whether or not there was ice on the sidewalk. In this situation, it wouldn't be appropriate to hold the doctor responsible for your injuries since they weren't directly caused by his negligence.
The deviation from the standard of care was the actual cause of your injury. You must show that the deviation from accepted medical practice was what directly caused your injury or illness.
To prove this element, you must show that if the doctor had followed the accepted standard of care for a physician in your area, your injury would not have occurred. This is a higher burden than showing that the doctor's treatment fell below the accepted standard of care. If a doctor could have reasonably made the same mistake and caused your injury, then it is not an "actual" cause. For example, if a doctor failed to diagnose your condition based on the symptoms you described, but his failure was actually due to his misdiagnosing you as having a different condition, then it may not be considered the "actual" cause of your injury.
Why Hire a Personal Injury Lawyer?
Realistically, if you have suffered a personal injury because of a doctor's negligence or error, the chances are good that it is not going to be easy to handle all of the details correctly. This is because there are so many little details that are hard to get right and they can easily trip up an inexperienced person.
Trying to sort out your medical bills and your various other issues relating to the cause of your injuries will require you to know what you need to do when you need to do it, and how you need to go about doing it. Here is one example:
If an error made by a doctor has caused the injuries for which you are now seeking payment, that doctor may not have liability insurance. Liability insurance is something that most doctors have these days in case they make an error that causes injury to a patient. If the doctor does not have liability insurance, then it is up to his or her malpractice insurance carrier to cover those costs instead. This means that if you want those costs covered, you will be required to provide notice of that fact within a certain period of time after the incident occurred. The failure to provide timely notice can cost you valuable rights as a medical malpractice victim and can even hamper your ability to receive full compensation.
Hiring the Right Personal Injury Lawyer
If you have been injured due to a doctor’s failure to provide the right medical treatment, you need legal representation. Medical malpractice is a serious issue, and you can’t afford to be underrepresented in lawsuits that you may wish to file. The best personal injury lawyers will tell you how they can help, but those words mean nothing if they haven’t helped someone like you before. Do your research online, and ask your network of friends and colleagues if they know of any reputable personal injury lawyers. While no two cases are the same, there are some factors that all personal injury cases share in common. Research these factors so that you know what is at stake when your lawyer goes into court on your behalf. You should also understand what legal options are available to you in terms of compensation for financial losses incurred as a result of your injury.
For any personal injury case or medical malpractice claims, hire an experienced lawyer from Injured Help Now. Jason M. Ferguson, the founder of Ferguson Law Group, started his career working for an automobile insurance company as a trial attorney before owning his injury law firm for over 20 years. Attorney Ferguson has a unique experience, having tried cases on both sides of the court system in personal injury trials, unlike many other lawyers. Jason Ferguson also served over 14 years as an Army Reserve officer and the Georgia Air National Guard. The Albany Herald recognized him as one of southwest Georgia’s “40 under 40” in 2010.