What does it mean to be a victim of medical malpractice?
After suffering an injury or illness, such as a workplace injury, occupational illness, or other accident, the first thing most of us do is seek medical help. When a medical professional fails to either provide the appropriate treatment or take necessary action, or gives substandard treatment resulting in the injury or death of a patient, it may be considered medical malpractice. Not every bad result or medical mistake, especially in an emergency situation, gives rise to a malpractice claim. Cases of medical malpractice are known for being complicated, but the right personal injury lawyer increases your chances of recovering your damages and getting the compensation you deserve.
Do I Have a Case?
According to Missouri law, there are four key elements that must be present in a case for it to be considered medical malpractice.
- Duty owed to the patient as a medical professional.
- All medical professionals are legally obligated to provide a specific standard of skilled care to their patients. This duty of care is officially in effect as soon as the healthcare provider has agreed to treat the patient.
- Patients have responsibilities as well. They are responsible for speaking up if they do not understand the treatment plan, keeping appointments, and abiding by the treatment plan. If this is not done, it can relieve a healthcare professional of negligence.
- Breach of duty to the patient.
- Harm caused by this breach.
- Resulting damages.
Generally, the Missouri statute of limitations for medical malpractice mandates that the case be reported within two years, but there are varying circumstances which are explained in the Missouri Revised Statutes, section 516.105
Breach of Duty
Duty of care to patients can be breached in a number of ways. However, undesirable results are not always due to medical malpractice. A breach in the duty of care to patients must involve wrongdoing, negligence, or avoidable mistake on the part of the physician. Doctors are not expected to be perfect, but their actions must be consistent with what a reasonably prudent healthcare provider would have done under the circumstances. This is called the Standard of Care.
- Ignoring or incorrectly interpreting lab results and film studies like CT scans, X-Rays and MRIs.
- Failing to take the patient’s medical history into account when deciding treatment or diagnosing.
- Neglecting to warn the patient of known risks, such as medication side effects.
- Failing to review current medications, which can result in an overdose, heart attack, seizure, or other forms of harm.
- Improperly monitoring or treating symptoms.
- Prescribing inappropriate medications or doses.
How Can You Prove It?
In Missouri, an appropriate expert witness must confirm that the treating doctor acted outside the standard of care.
For a medical malpractice case, the affidavit must state that the patient has received a written opinion on the matter from a legally qualified medical professional. For a successful case, the opinion must be:
- The medical professional who treated the patient didn’t meet the standard of care, and that the results were more likely than not to have been better with appropriate care.
- This breach contributed to cause enhanced harm, injury, or death to the patient which would not have occurred otherwise.
The affidavit must be filed within ninety days of filing the lawsuit, with some exceptions. Skilled malpractice attorneys will secure an affidavit prior to filing suit. Because of the time it takes to have an expert review a case, it is important to speak to a lawyer as soon as you suspect malpractice. While the statute of limitations on a medical malpractice case is two years, waiting until the last minute to talk to a lawyer can result in losing a case because no lawyer who is qualified to handle a malpractice claim will do so without ample time to investigate.
Why Do You Need a Lawyer?
Medical malpractice cases are very difficult, and can be intimidating to tackle. An experienced attorney knows the legal process inside and out, and will guide you through it. The right lawyer will also help you by:
- Assisting you in gathering medical records and other important documents.
- Having a network to find the right specialist to sign an affidavit.
- Ensuring you meet deadlines.
- Going over your claim with you.
- Explaining next steps and legal advice.
- Negotiating the best possible settlement– the best way to get a fair settlement is to be ready to try the case if necessary. Tapping into their resources to aid you in your case.
When you experience a workplace injury, car accident, illness, or any other mishap, you should be able to trust the medical professionals who treat you. If you or a loved one have been a victim of medical malpractice or negligence, contact us for your free consultation. Our legal services are unmatched and come at no cost to you until after we’ve won your case.