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
compensation for your
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.
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!