Were You Injured By A Doctor, Nurse, Dentist Or Other Practitioner?
Medical negligence can lead to great harm to the patient. The hospital, nursing home or other healthcare provider has a duty to provide an appropriate level of care, especially to those unable to care for themselves. A recent study by Johns Hopkins claims that over 250,000 people die every year in the US due to medical errors. Others report the numbers as high as 440,000. These types of errors are the third leading cause of death. Medical errors happen for a number of reasons including: fatigue because medical staff is working long hours, user error due to a medical worker being unfamiliar with the system they are using or failing to input the correct information, inexperience with the cases they are responsible for, or human error due to guidelines not being followed correctly.
The South Carolina medical negligence lawyer services of John Price Law Firm, LLC are prepared to hold health care providers responsible when you or a family member is injured. Examples of medical negligence may include:
Misdiagnosis – Wrong treatment because of a missed diagnosis can leave a person’s condition to rapidly worsen or their symptoms to become more severe.
Delayed Diagnosis – If a medical provider refuses to believe the pain and symptoms a patient is claiming to have are real, this can lead to worsening symptoms and more suffering.
Medical Error – This is when the wrong medication is administered or filled by a pharmacy.
Faulty Devices – Manufacturers offering medical equipment are trusted to make sure their equipment will function properly and not harm a patient. Unfortunately, this is not always how it is, and recalls of equipment may cause a patient to have to undergo further surgeries.
Infection – Medical providers are required to make sure the tools they are using are sterile and the protocols they use limit any risk of infection.
Surgical Equipment Left During Surgery – Due to tools, sponges and other materials being left in a patient after surgery, patients sometimes have to undergo a second painful surgery.
Other examples of negligence includes:
- Inadequate monitoring of hospital patients
- Injuries suffered because of neglect, such as bedsores or untreated hospital infections
- Nursing home residents injured in preventable falls
- Injuries suffered because a staff member is intoxicated on duty
- Physical and sexual abuse of a patient
- Birth injuries resulting in harm to the infant or the mother
How To Determine if You Have A Claim
Just because someone’s health takes a turn for the worse, it does not mean medical negligence was the cause. The process of emerging victorious in a medical negligence claim depends primarily on proving your case with expert testimony. A medical expert will need to contend that avoidable negligence caused your injury. Reasonable care does not qualify as negligence. Therefore, you must show that you received medical care that was short of reasonable. The bulk of these cases are decided by what is deemed reasonable. Physicians may also be negligent, but may still not be found liable. This type of slippery slope calls for the assistance of an experienced medical negligence lawyer.
Who Can I File A Claim Against?
The most common answer to this question is physicians, but it is not the only answer. Nurses can be held liable for medical negligence along with an array of others. Technicians, specialists, therapists and others working in a medical facility can be the cause of medical negligence. Medical facilities can also bear the brunt of medical negligence. Any party that is guilty of negligence could be the subject of a claim.
Medical malpractice cases can be hard to prove and they often hinge on two questions: What is the appropriate medical standard of care followed in the situation? Did the defendant (doctor, nurse, anesthetist, hospital etc…) follow that standard of care or deviate away from it? It may be able to be proved in your case that your doctor’s actions were reckless. For instance, if a doctor was under the influence of drugs or alcohol when they perform surgery this is considered reckless and they may be able to be found liable for your injuries.
Medical Negligence And Litigation
Most medical negligence claims are settled well before they are even considered for litigation. This is due to the fact that doctors and facilities carry insurance to protect them from having to pay damages out of pocket. Most times, a settlement will be made as an insurance company will intervene. This requires your lawyer to deal directly with the insurance company, many of which use tactics for the purposes of paying out as little as possible in compensation. The John Price Law Firm knows how to counter these tactics so that our clients will get the most for their medical negligence claim.
Settling A Claim
Some claims are settled quicker than others while future considerations are an important component in the payout. Medical negligence can lead to years of treatment and that could be accompanied by ongoing suffering. This could also prevent you from returning to work or doing normal things that previously contributed to your quality of life. You may have undergone a considerable amount of pain and when that is caused by the negligence of someone else, then it is time to seek out compensation. The John Price Law Firm is ready to stand by your side in this legal battle for your rightful compensation.
We represent the victims of malpractice on the part of physicians, podiatrists, chiropractors, nurses, surgeons, dentists, radiologists and all other medical practitioners.
Learn More About Medical Negligence Claims
Attorney John Price has practiced law since 1985, and his North Charleston firm offers compassionate yet vigorous representation in all types of personal injury claims. If you believe a loved one’s injury or death was caused by a breach of medical standards, negligent care or abuse by staff members, contact the lawyers of John Price Law Firm, LLC.