What You Should Know About Medical Malpractice Lawsuits

According to a study by the Johns Hopkins University, medical mistakes, and diagnostic errors account for more than 250,000 deaths per year. These mistakes or errors are the third-leading cause of death in the United States. Medical errors can happen to anyone. 

Sometimes, patients do not realize that they are victims of a medical error until several years later. If you or your loved one suspects that they are a victim of medical malpractice, you should hire a medical malpractice attorney in Las Vegas or your state to look into your case and know if your claim is valid.

What Is Medical Malpractice?

This is when a medical care provider fails to uphold their standard of care. All medical professionals have a duty to their patients, which is to remain cautious, watchful, prudent, and attentive at all times. A doctor, pharmacist, surgeon, or nurse is guilty of breaching their duty of care if one can prove that they were negligent and that any other professional in the same circumstances could not have made a similar mistake.

What Qualifies as Medical Malpractice?

For a claim to be valid or for it to qualify as medical malpractice under the law, the victim must be able to establish the duty of care, prove that the duty of care was breached and that the victim’s injuries result from the breach. The breach of duty can be caused by distraction, a healthcare provider’s mental state, and any other personal or professional issue that caused them not to focus on the patient. Other causes of negligence are failing to look at the bigger picture or focusing on a specific situation. 

How to Know if You are a Medical Malpractice Victim

If you suffered an injury while under the care of a medical provider, you may be a victim of medical malpractice. However, not being satisfied with your doctor, a poor procedure or treatment does not automatically qualify as medical malpractice. 

To qualify as a victim of negligence or malpractice, you have to prove that the medical care provider’s actions violated the standard of care and caused you the injury. You will have to gather information such as all your medical records, test results, the parties involved, a timeline of the events, and expert testimony to prove the breach of duty of care in your lawsuit.

This is why you need the help of an experienced medical malpractice attorney because they know how to navigate, litigate, and argue out such cases.  You will then file a lawsuit where the court will listen to the case and make a ruling.

The Odds of Winning a Medical Malpractice Lawsuit

These lawsuits are very challenging. Without expert statements, it can be impossible to prove a breach of duty. Your chances of winning the lawsuit depend on your injuries, the ability to prove that the healthcare provider breached their duty of care, and the attorney you have.

It is essential to note that these lawsuits are also expensive to litigate. The victim’s medical history, gender, and age can also impact the outcome of the case. If several medical providers treated you for different conditions, it would be more challenging to prove who was negligent, and you can lose the case on those grounds.

Get in Touch with a Medical Malpractice Attorney Near You

If you believe you are a victim of medical negligence, it may be best to get in touch with a medical malpractice attorney in your area immediately. An experienced attorney will review your case to determine if you have a valid claim and file the lawsuit as per the state’s laws and procedures. They will gather evidence to prove the claim and get you a fair settlement.

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