Having to deal with long-term, sometimes permanent complications resulting from a medical procedure that did not go as planned can be physically, emotionally and financially devastating. Depending on the extent of your condition or disability, a medical error, misdiagnosis or other form of medical negligence can impact every aspect of your life and cause unnecessary pain and suffering that often could have been avoided. If you believe you have been a victim of medical malpractice, it’s important to know your rights and understand the legal process behind filing a lawsuit. Here’s how to know if you have a medical malpractice case, how to go about suing for medical malpractice, and what to expect from the legal process.
Medical malpractice can be defined as any deviation by a medical professional from the accepted standard of care in a patient’s treatment. In other words, any instance in which a doctor or other medical professional can be proven to go against standard regulations and recommendations of the care and treatment of their patient can be considered malpractice. This may include negligence that causes injury or illness to a patient. However, the key word is “proven”- given the nature of medicine and the fact that there often is no “one-size-fits-all” treatment for each patient, it can be extremely difficult to prove medical negligence, which can end up resulting in costly legal fees without resolution.
The first thing you need to determine with your attorney is whether you actually have a case. If your case involves blatant medical negligence that can be proven beyond a reasonable doubt, or if there is enough evidence to strongly suggest that the medical professional was deviating from standards of care when the injury or harm occurred, then it can certainly be worth your time and money to pursue a medical malpractice lawsuit. An experienced malpractice attorney can let you know whether yours is a case worth filing a lawsuit over, and then work with you to understand the process, your rights and the potential outcomes from the suit.
A medical malpractice attorney with years of experience under his or her belt can effectively determine the viability of a case after consulting with specialists and experts in the field of medicine. By interviewing physicians, pathologists, technicians and other professionals with the insight and credentials to have a firm understanding of the nature of the case, your attorney can make a recommendation for or against pursuing a medical malpractice suit. If the health professionals conclude that your physician did not act against regulations and accepted standards of care, then you do not have a malpractice case that will hold up in court. However, if the attorney can gather statements and evidence from medical professionals that can prove that your physician was indeed negligent in your care, you will be advised to file suit and begin the process.
Reading online reviews, asking trusted friends or relatives for recommendations and conducting an internet-based search of malpractice attorneys in your area are all good ways to seek an attorney for your medical malpractice case. The most important factor is whether you feel comfortable with your attorney and have a good rapport when you meet for the initial consultation. Don’t go with an attorney who makes you feel as if they don’t believe you, or as though you are wasting their time. The ideal malpractice attorney will be a good listener who is compassionate and sympathetic to your case, and who can provide legal counsel free of judgment or bias.
If you reside in or around Kennewick, WA and are looking for an attorney to assist with your medical malpractice case, Rodriguez Interiano Hanson & Rodgers is here for you! Our team of attorneys is highly experienced in medical malpractice law and can help you determine whether you have a case, as well as advise you on the ins and outs of the legal process, what to expect, and how to win your lawsuit so you can get your life back on track. Call us today at 509-783-5551 to schedule your free initial consultation.