Being faced with a serious medical issue can lead to feelings of fear, anxiety, and worry. You may worry about whether you’ll feel healthy again, how your health issues will impact your job, how to pay for medical care and a host of other concerns. One thing you don’t want to worry about is receiving skilled and competent care from a licensed medical provider. And you shouldn’t have to. Once you seek out and agree to receive care from a licensed medical provider, you have a right to receive competent and careful care from them. Unfortunately, this isn’t always the case and sometimes instead of getting the care you need, you end up suffering more because of the negligence or carelessness of a medical provider.
What is Medical Malpractice?
When you are harmed through the negligence or carelessness of a medical provider, it is called medical malpractice. Simply being unhappy with your medical treatment or health provider isn’t enough for a medical malpractice claim. A true medical malpractice must meet certain legal conditions:
- A patient must show that there was doctor/patient relationship that was agreed upon by both parties.
- The patient must show that the doctor was negligent, in that his care was below that of an average health care professional with the same kind of training, within the same community.
- The patient must show that because of the negligence of the health care provider, they were injured or harmed in some way.
- And finally, a patient must show that their harm is measurable in a way that a court can compensate them.
In addition to the legal requirements for a medical malpractice claim, special rules also apply to medical malpractice claims, most notably, a statute of limitations. The law limits the amount of time you have to bring a claim against a negligent medical provider, and the clock usually starts ticking as soon as the harm occurs. Sometimes you don’t discover that you’ve been harmed for months or even years later, so it’s important to take necessary legal action quickly and seek out the advice of a competent and experienced medical malpractice lawyer.
Common Forms of Medical Malpractice
Most medical malpractice claims usually fall into one of three categories: a faulty diagnosis, improper medical treatment, and failure to provide informed consent.
A faulty diagnosis includes a diagnosis that is simply wrong, a diagnosis that was made too late, or simply a doctor’s failure to diagnose a dangerous medical condition.
Improper medical treatment is a broad category that includes errors made during surgery, anesthesia errors, errors regarding proper doses of medication, injuries sustained during childbirth, and negligent prenatal care.
Finally, medical providers are required to provide informed consent before providing medical care, and if a patient was not fully informed about the risks, benefits, or alternatives to a medical procedure, a doctor may be guilty of not providing the proper informed consent.
Why do you need a medical malpractice attorney?
You may be wondering if you have a valid claim for medical malpractice. You may be filled with questions and worry and wonder what to do next. The medical malpractice attorneys at Clear Counsel Law Group are experienced in medical malpractice law. They understand that every case is different. They can help you understand your legal rights by showing you how the law applies to the facts of your unique situation. They will answer your questions, assist you with support and recovery, and fight for justice on your behalf. They will help you collect evidence and medical records necessary to prove your case and they will represent you and support you every step of the way, into court if necessary. If you’ve been harmed through the carelessness of a health care provider, contact the attorneys at Clear Counsel Law Group today for a free and confidential consultation and begin your road to recovery.