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Injuries can happen any time, anywhere. When people get injured, they trust doctors or nurses to provide them with proper treatment to heal their injuries. Sometimes, however, medical providers make mistakes, causing you to suffer new or worse injuries because of their care. If you or a loved one has been injured by a doctor or nurse, call Zinda Law Group at (800) 863-5312 for a free consultation with a medical malpractice lawyer. Our nationwide medical malpractice lawyers can evaluate your case and help you seek maximum compensation.
what is medical malpractice and what do medical malpractice lawyers do?
Medical malpractice occurs when a medical provider provides treatment that does not meet professional standards, causing injury to the patient. Common examples of medical malpractice include:
- A failure to diagnose or a misdiagnosis
- Unnecessary surgery or surgical error, such as operating on the wrong body part
- Prescribing improper medication
- Ignoring or misreading test results
- Failing to order necessary tests
When medical malpractice occurs, the patient can file a lawsuit against the doctor and other parties responsible for their treatment. For example, if a doctor refers a patient to a surgeon for surgery at a hospital, and the surgeon makes an error, the patient may be able to sue the doctor, surgeon, and hospital for their injuries.
Medical malpractice lawsuits are medical negligence lawsuits. This means that to successfully bring a medical malpractice lawsuit, the patient will need to prove the medical provider or doctor owed the patient a duty, the doctor breached that duty, and that doctor’s breach harmed the patient.
In the medical profession, a doctor owes a duty to their patient to follow generally accepted professional standards. These professional standards are ones based upon scientific evidence published in medical literature and recognized by the medical community. If a doctor or other medical provider fails to follow these standards, the patient may bring a medical malpractice claim against them.
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what do i do if i was hurt by a medical provider?
If your doctor did not treat you properly or failed to treat your injuries, you may be wondering what to do after a medical injury caused by their malpractice. If you were injured by a medical provider, you should seek other treatment for your injuries first, and then seek legal assistance as soon as possible.
1. Seek Medical Attention
It is important to see another doctor who can determine the extent of your injuries and provide proper treatment. You should seek medical attention as soon as possible to ensure your injury does not worsen or remain untreated.
When you see a new doctor, they will first ask you questions about how your injury occurred. Be honest with your doctor so that they can fully understand what kind of injuries you may have and how to best treat them. Your doctor will perform a physical examination to look for any external injuries. Your doctor may also want to order tests or scans, such as x-rays and MRIs; these look for internal injuries, such as internal bleeding or broken bones.
Once your doctor determines what injuries you are suffering from, they will prove you with a treatment plan. This may include taking medication, wearing a cast or sling, or following up with other doctors or therapists. It is important you follow your doctor’s treatment plan precisely so that your injuries heal.
2. Document the Incident
If you were hurt by a doctor during treatment, document the incident in case you choose to contact a medical malpractice attorney in the future. You may want to document:
- Why you chose to see a particular doctor; for example, did someone refer you?
- What pain you were in that you chose to see a doctor
- When your first visit was to this doctor
- Any conversations with the doctor you can remember
- Your injuries after treatment
- Any witnesses to the treatment
You can document this information by writing it down in your cell phone or on paper. You may also document this information by taking photographs. This information may help you or a medical malpractice lawyer should you choose to file an injury lawsuit.
3. File a Complaint
If you were injured by a medical provider, you may be able to file a complaint with your state’s medical board. You can search the Internet for your state’s medical board and follow the instructions on their website to file a complaint.
State medical boards accept complaints against doctors or other medical providers for acting improperly. Common complaints against medical providers arise from:
- Drug prescription errors
- Unnecessary or inappropriate treatment or surgery
- Not getting treatment after your condition changed
- Getting released from the hospital too soon
- Not getting proper instructions upon release from the hospital
In most states, filing a complaint with your state medical board is free. In others, you may have to pay a small fee to file a complaint. If you have questions on how to file a complaint, contact a medical malpractice lawyer who can provide you with more information.
Your complaint will be reviewed by the state medical board, and they will determine whether the doctor should be disciplined for their actions. If the doctor is disciplined, this becomes part of their permanent record and will be publicly available for viewing online.
4. Seek Legal Assistance
Speak with a medical malpractice lawyer who can help you seek compensation for your injuries. A medical malpractice lawyer will be able to use the information you documented to evaluate your case and recommend how to proceed. Should you choose to seek compensation for your injuries, a medical malpractice lawyer can help build your case.
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do i need a medical malpractice lawyer?
It is important to hire an experienced medical malpractice lawyer because nationwide medical malpractice lawyers who have handled similar cases to yours are best suited to gather evidence, identify the parties involved, and help you seek compensation. The success of your case more or less depends upon how well your case is constructed and presented to the insurance companies and in court if a settlement cannot be reached. Some reasons why a Zinda Law Group medical malpractice lawyer will be most qualified to help you reach these goals are:
1. Gathering Evidence
Your experienced medical malpractice lawyer will know what kinds of information you will need to know to best help your case. Your lawyer will likely request all the information you documented after the incident. They can also request information from other parties involved, such as:
- Documents related to the rules medical providers must follow
- Insurance documents
- Medical notes, charts, or other documents related to your treatment
Your lawyer can also help you depose those involved in your negligent treatment. At a deposition, your lawyer will ask a series of questions to a witness sworn under oath to tell the truth. This happens outside of a courtroom and allows a party to gather information to help their case.
Other parties involved may also want to depose you. Your lawyer can prepare you for this deposition. It is best to contact a medical malpractice lawyer so that they will have time to advise you carefully and meticulously gather the proper evidence to help you build a strong case.
2. Identifying Parties
Medical malpractice cases can become very complicated very quickly. This is because these cases may involve:
- Complex medical issues
- Multiple health providers or facilities
- Multiple witnesses
Your lawyer can help you determine who can be held responsible for your injuries. You may be able to hold the doctor, nurse, and hospital responsible for your injuries; if you were referred to a particular doctor for further treatment by a different doctor, you may be able to hold the referring doctor liable for your injuries. Your attorney can help you locate all parties involved and seek compensation from each one of them.
3. Recovering Compensation
In medical malpractice lawsuits, you can seek both economic and noneconomic damages. Economic damages are monetary amounts that can be calculated; this may include lost past and future earnings, medical or ambulance bills, and other calculable expenses. In cases where medical malpractice injuries are severe, economic damages can be in the millions.
Noneconomic damages are those which cannot be calculated; these include monetary awards for pain, suffering, emotional distress, or the loss of enjoyment of life. States place caps on the amount of non-economic damages that may be awarded to a plaintiff. In most states, noneconomic damage awards may not exceed $250,000.
zinda law group can answer your medical malpractice questions
At Zinda Law Group, we understand that medical malpractice lawsuits can be complicated and expensive. Our nationwide medical malpractice lawyers have handled countless medical malpractice claims and have the skills and resources necessary to help you seek compensation for your injuries.
We believe that victims of medical malpractice have suffered enough and should not have to pay large fees for excellent legal representation; that is why we offer a “No Win, No Fee Guarantee” so that you do not have to pay anything unless we receive a favorable verdict, judgment, or settlement in your case. If you or a loved one has suffered injuries because of medical malpractice, call Zinda Law Group at (800) 863-5312 for a 100% free consultation with one of our nationwide medical malpractice lawyers. The sooner the better.
Meetings with attorneys are available by appointment only.
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO