DO YOU HAVE GROUNDS TO SUE FOR MEDICAL MALPRACTICE?
The law protects us against doctors who have negligently caused injury and against their insurance companies. When medical providers breach the standard of care and cause harm to their patients, they may be guilty of medical malpractice.
When doctors hurt us and insurance companies do not pay out on their policies, only strong legal representation can right the wrong. If you or a loved one has been injured or suffered a worsening of condition as a patient, don’t assume that the doctor did everything that could be done. You may have grounds to file a medical malpractice claim for compensation; contact a Nebraska injury lawyer to discuss your options – call us at 308-633-4444.
REQUIREMENTS OF A MEDICAL MALPRACTICE CLAIM
Medical malpractice law can be complicated, but a knowledgeable attorney from our firm can assess your circumstances to determine whether you have grounds to take legal action against a negligent physician.
There are four main requirements in every medical malpractice case:
- There was an established physician-patient relationship. To hold the medical professional liable for your injuries you must first prove that you hired the physician and they agreed to be hired by you. This relationship can be easy to prove if you saw the doctor and they treated you, but this can be harder to prove if you were harmed by the advice of a consulting physician who did not directly treat you.
- The physician was negligent. The results of your treatment and whether you were pleased with your service do not determine if your physician was negligent. Rather, your attorney must be able to prove that you were harmed by the actions of your physician and that he made choices that a competent doctor in the same situation would not have made. Additionally, your attorney will likely also need to secure the testimony of a medical expert to explain to the court what standards of care are expected, careful, and reasonable in your type of case.
- You were injured because of the physician’s negligence. Medical malpractice cases often involve patients who were already injured or ill, so your attorney must show that your physician’s negligence more likely than not caused you harm, rather than the harm being the result of your preexisting condition. Your attorney may also have to present the testimony of a medical expert who can prove that the injury or illness sustained is a direct result of the physician’s negligence.
- You sustained specific damages because of the injury. A patient cannot pursue compensation through a medical malpractice claim or lawsuit if they did not suffer harm as the direct result of the physician’s negligence. This means that even if the physician exhibited gross negligence, legal action cannot be taken unless you were injured by these actions. A victim can seek compensation for such damages as physical pain, additional medical costs, emotional trauma, missed wages, and the loss of future earning capacity.
THE THREE MAIN TYPES OF MEDICAL MALPRACTICE
Medical malpractice can involve all types of injuries, illnesses, and situation, but victims typically sustain harm because of three forms of medical negligence.
- Improper Treatment: If your physician failed to properly treat you or treated you in a way that another competent physician would not have treated you, you may be able to hold them liable for medical malpractice. Your physician may also be guilty of medical malpractice if they chose the correct method of treatment for your situation but failed to administer it correctly.
- Misdiagnosis or Failure to Diagnose: Your doctor could be guilty of malpractice if they misdiagnosed or failed to diagnose an illness or injury that any competent physician would have correctly identified and diagnosed.
- Failure to Warn of Known Risks: Your physician is obligated to warn you of all possible risks of any treatments or procedures suggested for your situation. This obligation is referred to as the duty of informed consent. Your physician could be liable for malpractice if you were harmed after undergoing a procedure or course of treatment without being informed of all the risks, and had you been properly warned you would not have chosen the procedure or treatment.
If you believe you sustained injuries or illness because of medical negligence that falls under one of these types of malpractice, do not hesitate to contact our team to discuss your legal options to pursue the justice you deserve.
ENLIST EXPERIENCED REPRESENTATION IN NEBRASKA
Our attorneys have a proven track record of success in representing medical malpractice claims, from failure to diagnose cancer and surgical errors, to misdiagnosis of conditions, failure to provide proper care and writing the wrong prescription. We can assist you in claiming compensation for your child’s birth injury such as Erb’s palsy or cerebral palsy, as well as pursuing compensation for the significant lifelong costs of medical treatment and lost income. Whether you have suffered injury due to surgical mistakes or if you want to sue for the wrongful death of a loved one, we are ready to fight for you! Contact The Robert Pahlke Law Group today.