How do I Start a Medical Malpractice Case?
If you’ve suffered harm because of the actions (or non-actions) of a doctor or hospital, you may have a medical malpractice case. The first step will be a free conversation with an attorney that works on these cases throughout Texas. Medical malpractice litigation is very complex and the opposing party will come to the game very well prepared with lawyers who know how to combat these suits. Not only will you need an attorney to pursue this, you’ll need one with serious medical malpractice litigation experience.
In order to pursue compensation, your attorney will have to start with a lawsuit naming the doctor(s) and / or hospital or medical care clinic involved. Your attorney will have to prepare a case that shows objectively that the doctor or other party involved had a duty to you at a defined standard, that the duty was not met or was compromised, and that this failure resulted in your injury. Then your attorney must show that you suffered damages whether physical, mental or financial. To do so, your lawyer will have to gather and organize substantive information, arrange depositions and pursue document requests.
The medical care provider’s malpractice insurance carrier and their council will be involved and if a strong enough case is built, may agree to settle with you out of court. Otherwise the case will go to trial.
Clearly, you’ll want to be selective when you decide on an attorney for this.
We’ve found that many patients or families that have suffered from malpractice come to us looking for advice on a remedy but don’t want to sue their doctors even in devastating cases in which a doctor failed to diagnose terminal cancer or brain damage. This is understandable. After all, your doctor has likely shown you care and helped an extent. However, even a caring doctor can become negligent and most people can’t afford the ramifications that come with the associated wrongful death or injury on their own. Understand that when you take action against a medical provider, their medical malpractice insurance policy is what will likely compensate you, not the doctor individually.
What Kind of Medical Malpractice Cases do you see?
We regularly review or represent cases involving:
- Anesthesia Errors
- Cerebral Palsy
- Doctor Malpractice
- Dental Malpractice
- Hospital Errors
- Infant & Birthing Injury
- Surgical Errors
- Other Medical Injuries
The list goes on. Hospitals in particular are notorious for errors. An article from the University of Utah found that as many as 1 in 3 Americans who visit the hospital will encounter hospital error. Dallas hospitals are no different. Commonly hospital errors will lead to dangerous staph infections, preventable bedsores, persistent post-surgery back pain, incorrect drug and dosages, misdiagnosis, operating on the wrong part of the body, or even leaving foreign objects inside of the body after surgery.
Malpractice often extends beyond mistakes or errors. For example, U.C. San Francisco reported in the Journal of the American Medical Association that sexual misconduct was among some of the most common violation of medical professionalism.
However, realize that as common as medical malpractice is, recovering a settlement in litigation takes serious experience and strategy. In fact, one study by the Massachusetts General Hospital Dept. of Medicine showed that most doctors in the U.S. will at one time or another be brought to suit at least once in their careers. However, the number of cases that result in a payment is only 5% in when involving general physicians or nurses on up to 20% involving specialists.
There can be no doubt that the right attorney makes the difference. If you have a legitimate cause for complaint against a medical professional or institution, don’t settle for a lawyer who doesn’t have the experience or understanding to face a difficult malpractice suit. And Ward Maedgen doesn’t just bring extensive medical malpractice experience to your case, he also comes with years of trial experience that separates him as a lawyer who won’t be intimidated by the odds or the high powered legal teams that malpractice insurance companies will show up with.
Do You Have a Medical Malpractice Case?
The best way to find out if you have a solid medical malpractice case is to talk to us about your situation. We’ll set a time up to listen to about what happened and Ward will talk to you about your best options.
The answer to whether you have a medical malpractice case depends on too many factors to list. Schedule a call with Ward today. There is no cost and in the very least, you’ll know what your options are.