You trust your doctor. It’s difficult to imagine that he might cause you harm. But just like everyone else, doctors are human; and humans make mistakes. Unfortunately when a doctor makes a mistake, his act of malpractice can cause pain, suffering, and worse problems than your original medical condition might have caused.
If you have been injured due to medical malpractice, you shouldn’t necessarily seek punishment against your doctor. You shouldn’t simply hang your head and walk away either. But you might be legally entitled to money for medical bills, lost wages, pain, suffering, and other damages. A medical malpractice lawyer can help you by making a claim on your behalf.
Each case is different, so your attorney will begin by reviewing the details about you and your problems. That may include discussing your version of the facts, reviewing your medical records to see what happened, and documenting any injuries you sustained. He might also have a medical expert review your records.
Your malpractice attorney will also place your doctor on notice of your case. His initial contact may include a request that your doctor turn in a claim to his medical malpractice insurer. The insurance company will investigate the case on the doctor’s behalf. Once your attorney has enough information, he will present your case and ask for damages.
It’s possible that your attorney may have to file a lawsuit on your behalf. As doctors and other medical professionals are very protective of their reputations, they might never admit fault. Despite the evidence, your doctor and his insurance company could deny liability for your problems. If that happens, a lawsuit may be your only recourse to get the damages you’re entitled to recover.
The lawsuit process can be long and tedious. The Baylor University article, “The Physician’s Guide to Medical Malpractice,” explains the general details from a doctor’s perspective. As you can see, the process can be complicated.
That’s not an easy question to answer, but it’s usually about omission or commission.
Omission – If your doctor failed to diagnose, treat, or follow up with an injury that later caused you greater problems, it could be an act of omission. For example, if he didn’t diagnose your cancer or other disease, that omission could have been responsible for missing the window of opportunity to properly treat your condition. His failure could be considered an act of medical malpractice.
Commission – When a doctor does something that he should not have done, it could also be malpractice. For example, it could be malpractice if he performed surgery on a healthy organ or prescribed the wrong medication. If your doctor committed these or other acts, he could be responsible for causing you pain, suffering, and financial losses.
If you have been harmed by your doctor or any other medical professional, recovering the money to which you’re legally entitled won’t be an easy process. That’s why it’s important to have a medical malpractice lawyer on your side. You will need someone who can present a case on your behalf and push to get you the settlement you deserve.
If you think you have been the victim of medical malpractice, contact us. We will work hard on your behalf to get the settlement you deserve.