West Plains Medical Malpractice Lawyer

Understanding Your Medical Malpractice Claim

No one goes to the doctor expecting to be injured or killed at the hand of their medical professional. However, for some unfortunate victims, the experience they have at the hospital / in the doctor's office may be life altering. If you were injured by a negligent medical professional who did not carry through their duties as expected, you may be entitled to financial compensation for your personal injury.

Under all circumstances, instances of injury and / or illness that were caused by an inattentive physician, dentist, surgeon, psychiatrist, etc. are considered to be completely unacceptable and cause for legal action. That being said, you should not hesitate to contact a professional lawyer at our office for the representation you need to effectively see you though the process of filing a claim or taking your case to court.

Medical Malpractice Statistics

The Institute of Medicine (IOM) estimates that preventable medical errors cause as many as 98,000 people to die every year. This is three times the total number of people killed in this country each year in motor vehicle crashes. The actual number of people who die each year from medical errors may be twice the IOM estimate because the office of the Inspector General of the U.S. Department of Health and Human Services has found that one in seven Medicare patients are injured during hospital stay and that adverse events during the course of care contribute to the deaths of 180,000 patients per year – 6 times the number of people killed in motor vehicle crashes.

The Role of Negligence in Medical Malpractice

While there are many possibilities for an injury or illness that was caused through medical malpractice, one of the main claims is negligence. In fact, this is the theory that most claims proceed under, as it is generally assumed that one or medical professionals in some way acted negligently in the treatment of their patients, thereby leading to injury or illness of some sort. Any number of negligent acts could lead to a case of medical malpractice, some of which include failure to properly diagnose the symptoms of a patient's illness, failure to prescribe the proper medication to treat the patient's symptoms, failure of a pharmacy to correctly administer the appropriate prescription to a patient, etc.

In order for a negligent claim to be viably made, the following conditions must first be proven:

  • A duty was owed to the patient by the health care professional
  • The duty owed to the patient was deviated from or unmet altogether
  • The unmet duty can be directly related to the injury or illness that arose in the patient
  • The patient is now suffering from an injury or illness that is not related to their original ailment

Medical professionals are held to a high standard of conduct and falling even slightly below this level is immediate grounds for legal action. From failure to obtain informed consent to breach of contract or warranty, the possibilities for medical negligence are virtually endless. In cases of medical malpractice, much more is at play than a simple failure to meet reasonable standards. In addition, a patient's health and very life could be at risk as well. As such, injuries and illnesses that result from this type of negligence deserve to be addressed in the legal system, and the sooner the better.

Birth Injuries
One of the most heart-breaking types of medical malpractice cases is birth injuries. The time surrounding the birth of a child is supposed to be one of the most joyous in the life of a family. When a medical error occurs that causes harm to the mother or infant, however, the consequences can be devastating. If you or your child was the victim of a medical error, your first step should be to get in touch with a medical malpractice lawyer from the team at Henry & Williams, P.C. Whether your child suffered from a brain injury, kernicterus, cerebral palsy, or a brachial plexus injury, you could be entitled to compensation for what you went through. This could not only help you cover medical expenses, but could help ensure that the same thing does not happen to another individual.

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Pursuing a legal remedy to the medical malpractice that ultimately led to your personal harm is just as time sensitive as pursuing an alternative medical remedy. When acting legally, you will be required to do so under a statute of limitations that governs how much time you have to act. Failure to file a claim within the timeframe allotted to victims of medical malpractice or negligence will effectively negate your ability to do so at all, no matter how big or small the problem may be. This is of significant importance because cases involving claims of medical malpractice are often given a shorter time period in which to act as compared to other types of personal injury claims.

Contact a West Plains, MO medical malpractice lawyer to learn more about how we could help you! Pay no fees unless we recover for you!

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