Mississippi Medical Malpractice Attorney
Injured by a Medical Professional? Call (601) 869-0696
Doctors, nurses, and other health care providers have a legal duty to treat patients in accordance to an acceptable standard of care. This means that whenever a medical professional engages in a doctor-patient relationship, they must conduct themselves as a reasonable, competent medical professional would in the same situation. When a medical provider commits negligence, unreasonable errors, or engages in wrongful conduct, they breach their legal duty and can be held accountable for damages victims and families suffer as a result.
As the largest personal injury law firm in Mississippi, Richard Schwartz & Associates, P.A. has extensive experience fighting for the rights of the injured and the wronged, including those who are harmed as a result of medical malpractice. Substandard care should never be tolerated in a medical setting, and our attorneys are passionate about holding negligent medical professionals liable for our clients’ damages.
Questions about medical negligence and your potential case?
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Understanding Medical Malpractice Claims in Mississippi
Medical malpractice claims are similar to personal injury claims in that they focus on negligence, or the failure of a health care professional to uphold their legal duty. Although all cases are unique, medical malpractice claims are hinged on a few general elements:
- A legal duty existed – In order for there to be a valid medical malpractice claim, it must be shown that there was a verifiable relationship between the patient and the professional whose negligence caused them harm. This is typically fulfilled when patients agree to be treated by a doctor. As an example, you would not be able to pursue a claim if you overheard a doctor providing advice to another person and followed that advice, as there was no doctor-patient relationship between you and that physician.
- The legal duty was breached – Showing that a medical professional failed to uphold their legal duty to provide reasonable and competent care is the crux of a medical malpractice claim. Doing so is often centered on negligence, as it must be demonstrated that a competent medical professional, in the same situation, would not have committed an act of negligence. This requires a great deal of work to establish the accepted standard of care given the circumstances involved, and to illustrate with the help of experts how a defendant did not provide reasonably skillful or careful care that rose to the standard.
- The breach of duty caused you harm – In addition to proving a medical provider was negligent, you must show that the substandard care caused you harm. In civil cases, the burden of proof for doing so is a preponderance of the evidence, or “more likely than not.” Claims will be successful when it can be shown that a medical professional’s negligence more likely than not led to your injuries. For example,
- You suffered damages – The final element of a medical malpractice claim is showing that a health care provider’s negligence cause you real damages. These can include your physical injuries, including your pain and suffering and any debilitations or impairment. Your damages can also include financial costs of additional medical treatment, lost earnings from missing work, and your emotional injuries.
Medical Malpractice Cases We Handle
Medical malpractice can take many forms, all of which involve a medical professional who fails to competently treat a patient and perform their expected duties. Examples of common medical malpractice cases our firm is prepared to handle include:
- Birth injuries
- Diagnostic errors (misdiagnosis and failure to diagnose)
- Medication errors
- Anesthesia errors
- Surgical errors
- Emergency room errors
- Nursing home abuse and neglect
Medical malpractice can be caused by a number of factors, including poor communication and coordination between health care providers, negligent diagnostic testing and evaluation, errors during treatment or procedures, and more. Because there are many factors at play, medical malpractice cases demand the attention of seasoned lawyers who have the insight and resources needed to effectively establish fault and liability.
Our legal team draws from decades of collective experience to investigate medical malpractice cases, and to work with medical experts who provide the testimony that care provided to a patient failed to meet accepted standards, and more likely than not caused a patient harm as a result.