WHAT IS MEDICAL MALPRACTICE?

Medical malpractice refers to instances in which a medical provider—be it a primary care physician, a specialist, a hospital, or any other healthcare professional or facility—fails to uphold what is known as the “standard of care.” The standard of care is the level of care a typical, qualified medical professional or facility would provide in the given circumstances. When healthcare providers take actions that another qualified provider would not or fail to take actions that another qualified provider would take in the same or similar circumstances, they have breached the standard of care.

Some examples of medical malpractice include:

• Misdiagnosis, delayed diagnosis, and failure to diagnose
• Delayed treatment or failure to treat
• Failure to obtain informed consent
• Birth injuries, both to children and mothers
• Early discharge
• Failure to consider a patient’s medical record or history
• Surgical errors, such as wrong-site surgery or unnecessary surgery
• Anesthesia and other medication mistakes
• Misinterpretation of laboratory test results
• Improper or inadequate follow-up care
• Emergency room and hospital errors

At Potts Law Firm, we represent clients throughout the U.S. in all types of medical malpractice cases. Our attorneys are committed to standing up for the rights of patients and their families, as well as holding negligent medical providers accountable for the immense pain and suffering they cause.

PROVING A MEDICAL MALPRACTICE CASE

As in all personal injury cases, the burden of proof in medical malpractice cases lies with the plaintiff. This means that, as the person bringing the lawsuit, you are the one who must prove your claim.

To prove a medical malpractice case, you and your attorney must prove each of the following:

• There was a provider-patient relationship between you and the defendant
• The provider had a legal responsibility to treat you (duty of care)
• The provider failed to uphold the standard of care, either by failing to do something another provider would have done or doing something another provider would not have in the same or similar circumstances
• You were injured, and your injury led to measurable damages
• The provider’s failure to uphold the standard of care was the proximate cause of your injury and resulting damages

Proving a medical malpractice case is often very challenging, as healthcare providers and entities aggressively dispute these claims. They have teams of attorneys fighting to protect their reputation; you need an equally aggressive legal team by your side.

At Potts Law Firm, we fight tirelessly for the victims of medical malpractice, as well as the surviving family members of those who sadly passed away due to medical providers’ errors and negligence. Our medial malpractice attorneys are prepared to meet with you to learn more about your case and provide information on how to proceed during a free, no-obligation consultation.

DAMAGES IN MEDICAL MALPRACTICE CASES

Medical errors and negligence frequently lead to a whole host of life-changing injuries and medical complications, such as serious infections, lasting impairments, and permanent disabilities. Victims often experience considerable physical, emotional, and financial hardships as a result. By filing a medical malpractice lawsuit against the liable party, you can seek fair compensation for these losses.

Depending on the specific details of your case, you may be entitled to the following damages:

• Medical expenses related to the incident
• Loss of earning ability and future income
• Emotional distress, anguish, and trauma
• Medical liens
• Lost income, wages, and employment benefits
• Physical and mental pain and suffering
• Permanent disfigurement, impairment, or disability
• Miscellaneous out-of-pocket expenses

If your loved one passed away due to a suspected medical error or negligence, you could be entitled to bring a wrongful death lawsuit and seek damages such as funeral/burial expenses, loss of income, loss of support, and loss of love, companionship, comfort, and society. We encourage you to reach out to our team as soon as possible to schedule a no-cost, no-obligation consultation.

YOUR TIME TO FILE A MEDICAL MALPRACTICE LAWSUIT IS LIMITED

If you suspect that your injuries or your loved one’s passing are the results of medical malpractice, it is important that you act quickly. Depending on where you live and where the incident occurred, you could have a matter of months or just a couple of short years to file your lawsuit. The sooner you act, the better. Waiting too long could result in your case being dismissed.

We encourage you to reach out to our medical malpractice lawyers right away to set up a complimentary case review. At Potts Law Firm, we move quickly on these cases, diligently gathering important evidence and obtaining expert testimony in support of our clients’ claims. Our team is ready to help you navigate the legal process, all while protecting your rights and best interests.