What is medical negligence and what can I do if I'm a victim?

Two women grieving on couch

Medical negligence often results in pain and suffering for the victim or loss for the victim’s loved ones. If you’re reading this, you may already be involved in a medical negligence case or suspect you or a loved one may be a victim of medical negligence. Unfortunately, many people in the United States are victims of medical negligence. As many as 1.3 million Americans experience medication errors each year, which is only one form of medical negligence.

When or how does medical negligence occur?

Medical professionals such as family doctors, heart surgeons, and dentists are held to a standard of care that serves as a legal yardstick of sorts. A standard of care is the expectation that a patient will receive a certain level of treatment and professionalism from a medical professional. These standards can vary depending on the geographic area. For example, an orthopedic surgeon working out of a rural area of Utah may have a different standard of care compared to an orthopedic surgeon in San Diego, California.

In order for a claim to qualify as a medical negligence case, there are criteria that must be met which include:

  • The medical professional must have provided medical treatment to the patient.  

  • The medical professional’s treatment of the patient was below the standard of care.

  • The medical professional’s medical negligence resulted in harm to the patient.

Common forms of medical negligence include surgical errors, medication errors, birth injury, and misdiagnosis.  These events may result in long-term health problems such as reduced mobility, paralysis, permanent brain damage, or may even cause death.  Also, medical negligence can cause financial problems such as lost wages and debilitating medical debt.

What are my options if I am a victim of medical negligence?

You should consult a qualified attorney without delay.  These claims have strict time limits and are most difficult to pursue on your own.  The goods news is you can receive the representation and expertise of a medical malpractice attorney without any out-of-pocket cost to you. With the right attorney on your team, you’re more likely to receive fair compensation for the harms suffered. 

Personal injury/malpractice attorneys will do more than just represent you and fight for you. An experienced personal injury attorney is also deeply familiar with the medicine and the handling of different types of injuries. This includes hearing loss, neck pain, and brain injuries. With the guidance of a personal injury attorney, you will receive the help you need to find solutions to your problems.

Personal injury / medical malpractice attorneys answer questions about how they can help you with no obligation. If you already have an attorney but are not confident your needs are being met, give us a call here at Huntsman Injury Law. We will give you a second opinion with no obligation. If you’re searching for a personal injury attorney, we will discuss your situation with you to help you figure out the best course of action.