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Tag: Medical Negligence

How To Find a Medical Malpractice Lawyer

How To Find a Medical Malpractice Lawyer

Written by George McCoy on . Posted in Medical Malpractice.

Finding yourself or a loved one victimized by medical malpractice can be a devastating experience, leaving emotional and financial scars. Medical malpractice occurs when healthcare professionals breach their duty of care, resulting in harm or injury to patients. This type of malpractice can manifest as surgical errors, misdiagnoses, pharmaceutical mistakes, or inadequate treatment.

The consequences of these actions can be severe, leading to prolonged suffering, disability, or even death, and a lawsuit can help with the monetary cost. Hiring a lawyer is essential for these cases so you don’t have to maneuver the legal intricacies alone. 

A qualified lawyer will investigate the claim, gather evidence, and build a compelling case to demonstrate negligence and will understand the emotional toll of medical malpractice, providing empathetic support and skilled advocacy. Choosing the right lawyer for your case is essential, but how do you find a medical malpractice lawyer?

How to Identify Qualified Medical Malpractice Lawyers

Selecting the right medical malpractice lawyer involves careful evaluation and research. When searching for a medical malpractice lawyer, it’s essential to prioritize credentials, experience, and success rates. These factors significantly impact an attorney’s ability to handle complex medical malpractice cases effectively.

Verify bar association membership and that the attorney is licensed to practice in your state. Additionally, look for certifications from reputable organizations, such as the American Board of Trial Advocates (ABOTA) or the National Board of Trial Advocacy (NBTA). These certifications demonstrate expertise in trial advocacy and medical malpractice law.

Evaluating experience is equally important. Consider the attorney’s years of practice, focusing on their medical malpractice cases. A seasoned attorney with extensive experience in medical malpractice law possesses a deeper understanding of specific regulations and statutes, leveraging their expertise to secure optimal outcomes.

Medical malpractice laws are intricate, requiring attorneys to stay up-to-date on legislative developments and judicial decisions. A comprehensive understanding of these laws is essential in ensuring effective representation.

Researching Client Reviews and Testimonials

When researching how to find a medical malpractice lawyer, reading client reviews and testimonials is critical in evaluating potential attorneys. Online reviews and testimonials offer valuable insights into an attorney’s professionalism, communication style, and ability to secure favorable outcomes.

Pay attention to overall ratings and read individual reviews to understand clients’ experiences. Look for recurring themes, such as responsiveness, empathy, and expertise. Be cautious of fake or manipulated reviews, focusing on authentic client feedback.

Read client testimonials on the attorney’s website, highlighting specific outcomes and successes. Understand the types of cases handled and the level of satisfaction among previous clients.

Referrals from trusted sources and previous clients can also provide valuable insights. Ask friends, family members, or colleagues who have experienced medical malpractice for recommendations.

Thoroughly researching client reviews and testimonials can give individuals a comprehensive understanding of a medical malpractice lawyer’s strengths and weaknesses. This information, combined with evaluations of credentials and experience, enables informed decision-making when selecting the right attorney.

Scheduling Consultations and Assessing Compatibility

After researching and shortlisting potential medical malpractice lawyers, the next step is to schedule consultations. This initial meeting provides an opportunity to assess the attorney’s expertise, communication style, and compatibility.

To prepare for your attorney consultation, gather all relevant documents, including medical records, test results, and correspondence with healthcare providers. Organize these documents clearly and concisely, allowing the attorney to quickly understand your case. 

Additionally, prepare a list of questions to ask during the consultation, such as:

  • What experience do you have with medical malpractice cases similar to mine?
  • How will you communicate with me throughout the case?
  • What are the potential strengths and weaknesses of my case?
  • What are the potential outcomes and compensation ranges for my case?
  • How do you stay current with evolving medical malpractice laws and regulations?
  • How quickly can I expect responses to my phone calls or emails?
  • Will I have direct access to you or work with a team?

During your consultation, pay attention to the attorney’s expertise and approach. A qualified medical malpractice lawyer should demonstrate a thorough understanding of medical malpractice laws and regulations. Evaluate their ability to explain complex concepts clearly and concisely, ensuring you feel informed and confident.

Observe the attorney’s communication style, ensuring they listen attentively to your concerns and respond empathetically. When figuring out how to find a medical malpractice lawyer, remember that the initial consultation is a two-way evaluation.

Our attorneys at Warren Allen LLP recognize that the most successful attorney-client relationships rely on mutual respect, trust, and communication.

Understanding Legal Fees and Payment Structures

Transparency regarding fees and payment is essential. Be sure you understand your lawyer’s fee structure and how expenses will be handled, and identify any potential costs or expenses that may go beyond their fee.

For example, appeals or post-trial motions may have additional associated costs. This understanding will empower you to make an informed decision when selecting a medical malpractice lawyer.

Red Flags

One significant red flag is an attorney’s lack of clarity regarding their fee structure. Ensure your lawyer provides transparent and detailed information about costs, including potential expenses beyond their fee. Unclear or hidden fees can quickly accumulate, placing an undue financial burden on you.

Another concern is inadequate communication. Your lawyer should maintain open and responsive communication channels, informing you about your case’s progress. Unresponsiveness or evasiveness may indicate a lack of commitment or organization. Limited experience or insufficient focus can jeopardize your case’s success.

Additionally, be cautious of attorneys prioritizing high settlement amounts over seeking justice or holding negligent parties accountable. If they display a lack of empathy or understanding for your unique situation, make unrealistic promises or guarantees of success, or fail to provide comprehensive documentation or contracts, they may not be the best advocate for you.

Knowing these red flags, you can confidently identify a qualified medical malpractice lawyer who will champion your rights and secure the compensation you deserve.

Next Steps

Your case’s success depends on selecting an attorney who prioritizes your needs and possesses the expertise to navigate complex medical malpractice laws. Don’t rush the process; take the time to assess potential lawyers thoroughly. Make sure you hire a lawyer you’re comfortable with. Warren Allen’s lawyers’ commitment to transparency, empathy, and expertise makes them an exemplary choice for those seeking representation. Reach out today to schedule a consultation.

Misdiagnosis & Medical Negligence Law: What You Should Know

Misdiagnosis & Medical Negligence Law: What You Should Know

Written by George McCoy on . Posted in Medical Malpractice. No Comments on Misdiagnosis & Medical Negligence Law: What You Should Know

Medical negligence is a grave concern that affects numerous individuals worldwide. Within the broader scope of medical malpractice, misdiagnosis emerges as a significant issue that can lead to severe consequences for patients. 

This article will explore the complex world of medical negligence law. We will focus on misdiagnosis, its implications, and the options available to individuals who have been harmed by negligent or inattentive medical professionals.

Understanding Medical Negligence and Misdiagnosis

Medical negligence, which falls under the umbrella of medical malpractice, occurs when healthcare professionals deviate from the standard of care expected in their field and thereby harm the patient. Misdiagnosis is a specific form of medical negligence in which a healthcare provider fails to diagnose a medical condition accurately or provides an incorrect diagnosis. This type of malpractice tends not to be malicious.

Misdiagnosis can stem from various factors, including inadequate examination, misinterpretation of test results, failure to order necessary tests or simply human error. Regardless of the cause, the consequences can be severe, leading to delayed or inappropriate treatment, worsening of the patient’s condition, and sometimes irreversible harm.

Legal Implications of Misdiagnosis

When a patient is misdiagnosed, they may have legal recourse under medical negligence law. To establish a case of medical negligence, the plaintiff must generally prove four key elements: the healthcare provider’s duty, any breach of that duty, the causation of harm, and the damages accrued.

In simple terms, this means that the plaintiff and their lawyer must prove that the healthcare provider owed a duty of care to the patient, generally through an agreement to treat a patient who has asked for assistance or treatment. Once this is proven, they must show that the provider failed to meet the standard of care expected of them in the medical field, thus breaching that duty of care and that duty caused direct harm or injury to the patient. 

Once harm is established, one must draw up a list of quantifiable damages, both bodily and financial, that came about specifically due to the stated medical negligence. In the context of misdiagnosis, proving each of these elements can be a complex process, with the need for many things like expert testimony, a showcase of medical records, and a thorough understanding of the specific circumstances surrounding the case. Misdiagnosis as a legally liable branch of medical negligence is uniquely challenging to prove, as all four of the key elements we named above must be provable and verifiable.

Jurisdictions seem to be more receptive towards claims explicitly based on the idea of informed consent, where an individual thought themselves to be informed when giving consent but later found that they were unaware of the specific risks associated with a medical procedure or prescribed drug. The medical professionals who may find themselves guilty of medical malpractice and misdiagnosis include physicians, surgeons, psychiatrists, and dentists, but can also include nurses, midwives, medical assistants, and a wide range of allied health professionals. 

Those who claim to be particularly skilled or specialists will find themselves operating under a higher duty of care based on the acceptable skill level and the idea of informed consent.

Options for Individuals Facing Misdiagnosis

When facing a misdiagnosis, seeking a second opinion from another healthcare professional is often the first step. Different perspectives may provide alternative diagnoses that better fit or alleviate the pain and symptoms of the previous errors. Often, a misdiagnosis can be remedied with a second opinion, and no further steps must be taken. 

Complaints can be filed with the relevant medical board for individuals who believe they have experienced medical negligence past repair of a second opinion. While this might not result in immediate compensation, it can prompt investigations and any necessary disciplinary actions against the healthcare provider. If the wronged individual and the healthcare provider cannot reach an agreement, it may be necessary to file a lawsuit.

Before resorting to a lawsuit, any parties involved may opt for negotiations or mediation to settle the matter outside of court, which can be quicker and less adversarial. Though maliciousness should not be assumed or unassumed, an unintentional but clearly harmful misdiagnosis may find restitution early during these negotiations. 

If negotiations fail, individuals may pursue a medical malpractice lawsuit with the help of the experts at Warren Allen Attorneys at Law. If necessary, this process would involve filing a complaint against the responsible healthcare provider or any governing board and seeking compensation for damages such as medical expenses, lost wages, and pain and suffering. 

It is important to find out and keep in mind the statute of limitations, which will vary by jurisdiction or state. Failing to file a lawsuit within the allotted time frame may bar you or the injured individual from seeking compensation for damages, either caused or perceived.

In a successful medical malpractice lawsuit related to misdiagnosis and medical negligence, compensation may be awarded to the plaintiff for a variety of damages. These include reimbursement for medical bills associated with the misdiagnosis and subsequent treatment, any compensation for income lost due to the inability to work caused by the misdiagnosis, and any pain and suffering caused or experienced throughout the misdiagnosis. Damages can be awarded for the physical and emotional distress experienced as a result of the misdiagnosis. If it leads to long-term consequences, compensation may cover future medical expenses.

Misdiagnosis is a distressing experience that can have profound implications for an individual’s health and well-being. Understanding one’s rights and options within the framework of medical negligence law is crucial when seeking justice and compensation for the harm caused by a healthcare provider’s negligence. By knowing the available legal avenues and utilizing the resources of accomplished law firms like our team here at Warren Allen LLP, individuals can navigate the complex terrain of medical malpractice and work towards holding accountable those responsible for misdiagnosis. Call us, and let us walk you through the process of filing your medical negligence case.

Medical malpractice cover page with scrubs and stethoscope.

What Can a Medical Malpractice Attorney Help Me With?

Written by George McCoy on . Posted in Medical Malpractice. No Comments on What Can a Medical Malpractice Attorney Help Me With?

Medical professionals like doctors, nurses, and nurse practitioners are some of the hardest working people in America, a fact that has become all the more clear during the pandemic. The vast majority of the time, you can trust that your healthcare provider is doing their best for your benefit. However, there may be a time when, through negligence or personal error, a medical professional winds up causing great harm instead.

In that unfortunate instance, if you or a loved one is the victim of medical malpractice, you should always consult medical malpractice attorneys, such as the professionals at Warren Allen, for help. In this blog post, we’ll look at how a veteran medical malpractice attorney can help you in your time of need.

What Is Medical Malpractice?

Medical malpractice refers to harm done by a medical practitioner, such as a doctor, nurse, nurse practitioner, or healthcare institution as a whole, to a patient under their care. Colloquially, it may be used to refer to any medical treatment or interaction perceived as substandard. However, from a legal standpoint, medical malpractice must meet several criteria to suffice:

1. There Must Be an Extant Doctor-Patient Relationship

To put it plainly, a medical malpractice suit can only be brought against a doctor or medical professional who had direct involvement in treating the patient in question. For instance, if a doctor published a paper suggesting a new treatment for an illness and following that treatment caused injury or death, that doctor cannot be hit with a malpractice suit. The doctor who used that new treatment on the patient could potentially be vulnerable to malpractice lawsuits, however, but there are other constraints on this.

2. The Medical Provider Must Have Acted in Negligence

One of the most critical facets in any medical malpractice suit is this: the doctor or other healthcare professional must have acted in a negligent manner. It’s not enough that the victim of the possible malpractice be unhappy with the care they received. Their medical malpractice attorneys must be able to demonstrate that this was truly a case of negligence.

In our hypothetical case earlier, the doctor who treated the patient with this new treatment might be able to successfully argue that they thought they were using the most advanced, cutting-edge treatment possible and that they had clearly notified the patient or their family that this was experimental. This would be a strong argument to fend off a medical malpractice suit.

Context is also critical here. For example, if a neurologist was on board an airplane and called upon to help care for a person suffering a heart attack with only basic medical supplies, it would be difficult to sue them for malpractice given the context, their lack of resources, and their lack of specific training. They could well argue that they did the best they could in the circumstances.

3. The Negligent Behavior Caused Specific Injury

There are two parts to this third and final criterion: first, that this negligence directly caused a specific injury, and second, there were specific damages incurred by the victim as a result of this injury.

For the first part, it can be understood as this: if the doctor was in fact negligent, did this negligence cause the harm in question?
In other words, if a doctor was giving an eye exam, and perhaps was doing so sufficiently poorly so as to be considered negligent, and then their patient suffered a fatal heart attack, is there actually a link between the two events? If the eye doctor’s negligence led to blindness, on the other hand, that would be a prime candidate for a medical malpractice suit.

The second part is equally key: did this injury cause damage to the victim in a real, tangible way? If you believe that your doctor erred and prescribed you the wrong medication, but you were not harmed by taking the medication, then you would not likely have a successful malpractice suit.

Some of the most common types of damages listed in a lawsuit for medical malpractice are:

  • Physical pain and emotional distress
  • Loss of wages due to lack of work
  • Extra expenses due to further medical treatment to correct the potential malpractice
  • Death

If your incident involves all three of these medical malpractice elements, then you could stand a good chance at prevailing in a medical malpractice lawsuit.

What Services Do Medical Malpractice Attorneys Offer?

If you think you or a loved one potentially has a viable medical malpractice suit based on the above criteria, then you should consult with a medical malpractice attorney. An experienced malpractice lawyer can help you through the following services:

  • Assessing your case. Especially in the emotionally charged period following a medical mishap, it may be difficult to maintain an unbiased mentality as you try to work out whether you have a viable, valid malpractice suit to bring forward. A medical malpractice attorney can give an experienced, unbiased assessment of your situation and whether you will be likely to prevail.
  • Helping you understand all your legal rights. It’s unlikely for any one individual to understand all the labyrinthine facets of federal, state, and local law, especially one who isn’t an experienced attorney. If your rights have been violated in any way, the attorney can let you know just what the injury was and what your recompense might be.
  • Handling necessary paperwork and red tape. Filing a lawsuit in any situation can be daunting, especially if you’re dealing with pain from medical malpractice or are caring for someone who now needs it. The medical malpractice attorney can take care of all the filing for you, taking this off your plate.
  • Arguing cases as needed. Most lawsuits are resolved out of court in settlements, but should your lawsuit need to be argued before a judge, you will be glad you have an experienced medical malpractice attorney representing you.

To help your medical malpractice attorney help you, it’s often a good idea to get a medical assessment by another doctor (i.e., not the one you might possibly sue) to have a professional evaluation of your condition and the harm that has been done. However, if you aren’t sure where to start, you can always contact your malpractice lawyer for a consultation.