Every day, we put our confidence and trust in experts, whether bringing our automobile to the garage for repairs or having our computer repaired by a technician. When it comes to medical problems, we put our trust in doctors and other medical personnel to help us.
What happens when a medical professional lets you down? When a medical professional makes an egregious error, its consequences can be devastating and life-changing.
Medical malpractice lawsuits are tough to win, requiring much evidence and preparation. You might be hesitant or frightened to take a medical professional to court, but you don’t have to do it alone.
Our mission as a personal injury law firm at Richard Schwartz & Associates is to ensure that individuals are held accountable for their mistakes and that victims receive fair compensation. We have a proven track record in court, and we make sure you have immediate access and contact with your lawyer when you require it. We also can locate medical experts who can assist you in your case.
Don’t put it off any longer. Call Richard Schwartz & Associates immediately by phone or submit an inquiry through our website for a free consultation. Our knowledgeable Meridian medical malpractice attorneys have over 40 years of experience assisting clients like you in obtaining justice and compensation for medical negligence victims.
What Is Medical Malpractice?
Medical Malpractice occurs when a physician or institution, such as a hospital, breaches the accepted standard of care and causes harm to a patient.
To constitute medical malpractice a case must meet these specific conditions:
- Standard of care was breached: When a patient is treated by a medical expert, he or she has the right to expect the treatment to be administered with a high degree of quality and professionalism consistent with that of other qualified healthcare professionals in the field.
- The injury was caused by negligence: A doctor’s actions or inaction caused patient harm. A bad outcome from a procedure or therapy is not enough by itself to bring forth a malpractice claim. Instead, it’s necessary to show that the negligent care given by the medical professional or the hospital caused a significant injury that wouldn’t otherwise have happened.
- The injury resulted in harm to the patient: The patient suffered physical or emotional pain, subsequent medical bills, and lost income or earning potential.
At the heart of every medical malpractice claim is the question of negligence. You may be frightened by the prospect of going through a lengthy legal procedure and wondering if you should file a claim. However, medical practitioners have an ethical responsibility to their patients as well as an obligation to “do no harm.” Providers must be held liable for their negligent actions.
Common Types of Negligent Medical Errors
Even the most straightforward treatments necessitate a complex set of phases, rules, and regulations that an entire medical team must follow to assure a positive patient outcome. The more complex the treatment or examination, the more opportunities for error.
Here are a few of the most prevalent medical mistakes in medical malpractice claims:
- Surgical errors (operating on the wrong patient, body part, or organ)
- Medication mistakes (wrong medication, wrong dosage)
- Delayed diagnosis
- Injuries during childbirth
- Anesthesia mistakes
- Failure to obtain consent
- Poor communication
Who Is Liable for Medical Mistakes in Mississippi?
This is a difficult question to answer since the circumstances surrounding each case will determine liability. Depending on the particulars of the case, there may be a variety of people or organizations that might be held liable in a medical malpractice lawsuit.
A medical malpractice claim may be filed against a negligent healthcare provider, such as a doctor, nurse, anesthesiologist, dentist, pharmacist, or another medical professional. In addition, a hospital or medical practice may be held responsible for their carelessness and included in a medical malpractice suit.
It’s vital to contact a qualified medical malpractice lawyer as soon as possible if you believe you’ve been harmed by the negligence of a doctor or hospital. An experienced Jackson, Mississippi, medical malpractice lawyer will carefully examine the facts of your case, review the evidence, help decide who may be held responsible for your injuries, and advise you on how to proceed based on the circumstances.
Why Are Medical Malpractice Cases So Complex?
Medical malpractice claims are challenging to prove because you must provide a large volume of evidence to show that carelessness occurred and that a medical malpractice suit is warranted. It can be complicated to demonstrate that a doctor or other healthcare professional was reckless.
In Mississippi, the distinction between mistakes and undesirable results is not the same as genuine medical malpractice. It might be time-consuming and difficult to tell them apart. Outside medical opinions and supporting documentation will likely be required to prove negligence.
What Is a Certificate of Consultation?
Mississippi medical malpractice laws require the injured party to swear under oath to the following:
- A lawyer and at least one medical expert have reviewed the patient’s claim. The expert(s) must be qualified under Mississippi law to give an opinion on the appropriate medical standard of care.
- An attorney believes that expert knowledge is relevant to their client’s medical condition.
- The attorney and qualified expert agree that there is a reasonable basis for a medical malpractice lawsuit to exist.
To be qualified as a medical expert for the Certificate of Consultation, Mississippi law requires that person to be a licensed practitioner of medicine in one of the US states.
Another reason why medical malpractice claims take so long and are so complicated is that the burden of proof is on the claimant. The patient is solely responsible for demonstrating that a health care provider acted outside of the expected standard of care and was reckless. The defendant must also show that the harm was caused by a negligent doctor, another medical practitioner, or a facility rather than some other cause or underlying health problem. It might take experts, as well as a large amount of medical paperwork, to show negligence on the part of a healthcare provider.
A qualified medical negligence lawyer in Meridian, Mississippi, can assist you in obtaining the evidence you’ll need to build your case and pursue your claim aggressively. If a medical or healthcare business has injured you, we can help. The techniques these businesses use to fight claims are well-known to lawyers who concentrate on cases where patients have been harmed by a medical or health care provider.
What Compensation Can Be Recovered on a Medical Negligence Claim?
The amount of compensation you might get in a medical malpractice case is determined by a variety of factors, including the circumstances of your case and the severity of your injuries.
There Are Two Types of Damages in a Medical Malpractice Case:
- Economic damages. Economic damages include money for medical expenses, future medical costs or treatment, lost income, and lost or reduced earning capacity. There is no limit to economic damages in Mississippi legislation.
- Non-economic damages. Pain and suffering, stress, loss of enjoyment of life, or disfigurement are all examples of non-economic damages. In medical malpractice cases, Mississippi has a $500,000 cap on non-economic compensation.
Is There a Time Limit to File a Mississippi Medical Malpractice Claim?
In Mississippi, the statute of limitations for medical negligence claims is two years. State law generally provides you with two years from the date the medical practitioner engaged in the alleged malpractice. If you’re attempting to bring a malpractice claim after the statute of limitations runs out, the defendant’s attorney will certainly request that the case be dismissed.
Given this, certain situations may call for an exception to the rule. For example, the legislation requires that a claim be filed within two years of the event. But what if you aren’t immediately aware that there was a problem or a misdiagnosis. If this is the case you may be able to extend the original two-year timeline and file a claim within two years of the date on which you discovered or reasonably should have discovered an issue. This is sometimes referred to as a discovery rule.
Keeping track of all the legislation and rules, as well as medical paperwork and other evidence, may be stressful – especially when you’re trying to concentrate on receiving treatment and recovering from your injuries. Moreover, with so much happening, it’s easy to overlook important deadlines. A competent Meridian medical malpractice lawyer, on the other hand, can assist in reducing these responsibilities and ensure that you don’t miss out on your right to receive compensation.
An attorney experienced in medical malpractice claims can assist you in gathering the medical records and other essential evidence to support your case and guide you through the complex legal processes required to obtain compensation.
It’s difficult to understand the medical profession. The legal system might be perplexing. Navigating between both realms is tough. That’s why you need a competent medical malpractice lawyer on your side.
Our Experienced Medical Malpractice Lawyers Are Ready to Discuss Your Claim
When you were at your most vulnerable, you put your trust in a medical professional. We understand that you’re hesitant to trust someone else — you’ve already been let down.
At Richard Schwartz & Associates Injury Lawyers, P.A., we understand that you’re in a difficult situation. When you call our experienced Meridian medical malpractice team, you’ll speak with an empathetic and caring lawyer who has years of expertise fighting for people just like you. Our knowledgeable medical malpractice lawyers will hear your story, advise you on your options, and assist you in defending your rights. So contact us for your FREE consultation today and let us help you get started on your road to recovery.