Medical malpractice is, perhaps, one of the worst things a patient can experience. It occurs when a healthcare professional violates their duty of care to their patient in some way and harms them. It is not an uncommon occurrence.
At The Joel Bieber Firm, we’ve got years of experience fighting for and winning significant compensation for our clients. Our malpractice team understands the impact medical errors have on people’s bodies and minds, and we work to get our clients the full compensation they deserve so they can rebuild their lives.
Proving a Medical Malpractice Claim
Medical malpractice claims are a type of personal injury claim that may lead to significant compensation, depending on the injury. A patient’s medical malpractice claim must have the following elements in order to be successful.
Duty of Care
Medical professionals owe a special duty of care to their patients. Fulfilling this duty requires that they treat their patients with a minimum degree of care based on regulations and standard and accepted practices in the medical profession.
When you’ve suffered medical malpractice, your attorney must determine who exactly owed you a duty of care in the moment you suffered harm. If your injury occurred in an ambulance on the way to the hospital, then your medical malpractice attorney will likely start with the first responders who transported you.
In the case of John Mancoll, the surgeon owed a duty of care to his patients, which required him to perform his work sober and free from any intoxicating substances. His arrest for allegedly stealing prescription drugs from a woman is evidence that he potentially performed work — his duty — while under the influence of drugs.
Breach of Duty
If you prove a medical professional had a duty of care toward you, your attorney will then seek to show that they breached this duty. If a doctor executes their duties according to the acceptable standard of care, there’s likely no claim, even if you’re injured.
Causing a medical injury while under the influence of drugs is an unquestionable breach of duty. In reference to John Mancoll, if it can be shown that he was indeed under the influence of drugs when an error occurred, then he could face serious financial liability if the remaining two elements can be proven.
Causation requires your lawyer to demonstrate that a medical professional’s breach of duty was the cause of your injury. For example, a drunk nurse may be in serious breach of her duty toward her patients. However, if your malpractice lawyer can’t show that her drunken state caused the injury in question, then there’s no case.
A surgeon may show up to work under the influence of intoxicants and operate on a patient. However, if their actions end in no harm, there’s no lawsuit. Your Virginia Beach Medical malpractice claim must demonstrate that you suffered an injury that can be compensated.
At The Joel Bieber Firm, we’ve helped many clients over the years to determine the validity and value of their claims. We’ve also helped them pursue full compensation for their injuries. You deserve to be made whole, and we can help in this process.
Common Types of Medical Malpractice
A misdiagnosis in simple terms is when a patient with a medical condition is diagnosed by a medical professional as having a condition that they do not have. In the case of medical malpractice this misdiagnosis or delayed diagnosis is so severe that the impact to the patient’s health and well being is significantly impacted. As an example, a patient is diagnosed as having a peptic ulcer when it is actually stomach cancer. A misdiagnosis is not medical malpractice as skilled doctors can misdiagnosis. However, if proper procedures and protocols were not followed in arriving at the diagnosis then it may have occurred and your best course of action is to have one of our team review your medical records.
Prescription Drug Errors
Was the correct drug given to the patient in the correct dosage? Was a documented pre-existing allergy adhered to when administering the drug? Was the drug given to the patient at the right time in accordance with the patient care plan, or several hours too early? There are prescription drug errors that occur under the care of medical providers that can cause irreparable harm and even death. This type of medical malpractice is more common than you might think.
There are few times in a woman’s life that she is more vulnerable to injury than during childbirth. According to the Center of Disease Control (CDC) about 7 in every 1,000 children will suffer from a birth injury, and pregnancy related deaths are also on the rise. Injuries suffered by a child at childbirth can have significant and long-term consequences.
Improper Treatment/Failure to Treat
Medical professionals have a duty of care to their patients. Mishandling of patient care in the form of improper treatment or even failure to treat can have serious, even fatal consequences.
Surgical or Procedural Errors
Surgical and procedural errors happen. Some common examples include wrong side surgery, devices like clamps and sponges left inside patients, an undetected perforation of an organ or blood vessel leading to extensive post surgery complications. Whatever the reason, if you or a loved one have been the victim, please contact our specialist who will review your specific situation to see if it qualifies for medical malpractice.
Some drugs by their very nature are more dangerous than others and must be administered with extreme care. The impact of danger drug consumption can have devastating consequences if done incorrectly
Frequently Asked Questions About Medical Malpractice
Medical malpractice law has its share of complexities. We’re ready to answer any questions you have. Below are a few we frequently receive.
What Damages Are Available in Medical Malpractice Cases?
You are entitled to economic and non-economic damages in medical malpractice cases. Economic damages include:
- Medical bills and expenses
- Lost wages
- Lost future earning potential
- Home and vehicle modifications
- Transportation costs for medical visits
Non-economic damages include:
- Pain and suffering
- Loss of consortium
Proving your damages is essential to winning the maximum award. We work diligently to ensure that our clients are compensated for all eligible harms.
How Much Will a Medical Malpractice Lawyer Cost Me?
Our fee comes from the settlement award you receive, which means you don’t have to worry about paying for our services until you’re compensated.
How Long Will the Case Take?
It varies. Before a settlement, we need to wait for you or your loved one to reach Maximum Medical Improvement (MMI), which means you’re 100% recovered or stable enough to get a long-term diagnosis. Getting to this point could take weeks, months, or longer.
Settlement negotiations are based on the condition and circumstances of the victim at MMI and can take a few months if everything goes smoothly and you accept an early offer. If the offer is rejected, a trial may be on the table, which will result in a longer resolution time.
Is There a Time Limit for Filing Medical Malpractice Cases?
In most instances, you have two years from your injury date to file a medical malpractice case.
Don’t suffer in silence because of a medical error, and never let a medical professional talk you out of seeking the compensation you deserve. As a member of society, you are promised and should expect competent medical services from professionals who hold themselves out to the public as healers.