People expect physicians to care for and treat them for a variety of illnesses and injuries, and in the vast majority of cases, doctors go above and beyond to do this. However, there are times when medical professionals make serious mistakes, and statistically, these mistakes are likely to be avoidable.
Medical malpractice occurs when medical professional acts in a negligent manner, which results in the patient enduring additional injury, suffering, or even death.
Medical malpractice can also be applied to situations where a medical professional failed to properly diagnose a problem.
If you believe that you or someone you care about has been the victim of medical malpractice and are interested in filing an injury claim, continue reading the following information before contacting a Swanton medical malpractice lawyer.
Proving Malpractice
Medical malpractice laws serve to protect the rights of patients, but cases can be expensive and difficult to win. This means that if someone is the victim of malpractice, a Swanton medical malpractice lawyer must prove that one or more of the following conditions exists in the case:
- The actions of the physician deviated from common standards of practice.
- The hospital or medical facility put the patient’s well-being at risk by maintaining an environment that increased the chances of medical error or further injury.
- The agencies or organizations in charge of regulating the hospital or medical facility failed to ensure the patient’s safety to some degree.
If an attorney can prove this, the chances of winning will greatly increase, and the victim may be eligible to receive compensation for their suffering. However, it is still important to remember that medical malpractice suits can take years to settle.
The Role of Pharmaceutical and Medical Device Companies
In addition to hospital workers and medical facilities, prescription drug and medical equipment manufacturers can also be held liable. Often, even if a doctor follows the best treatment plan, a poorly researched drug or medical device can jeopardize the health and wellbeing of a patient.
Such companies are held to extremely high standards by the federal government, but unfortunately, many still release drugs and devices that have not been adequately researched or tested.
Before a physician prescribes a drug or performs a procedure, they are required to inform the patient about potential risks, and if the doctor did this, the patient and their Swanton medical malpractice lawyer may be able to hold the pharmaceutical or medical device company liable for their injuries.
Offers of Settlement
During a medical malpractice case, patients may receive a settlement offer from the defendant or their insurance company. This settlement offer serves to prevent injured individuals from taking any further legal action, and if the injured party accepts it, they will be required to drop their case. Many companies prefer to settle out of court, and as a victim, it can be in the injured party’s best interest to do so as well.
As mentioned above, malpractice lawsuits take time, and people may not receive the immediate financial compensation they need. If offered a settlement, Swanton medical malpractice lawyers can give the advice necessary to make the right choice.
Hire an Experienced Swanton Medical Malpractice Lawyer
Medical malpractice cases are complicated, and if you are the victim, you will almost certainly need the aid of a Swanton medical malpractice lawyer at some point in time.
Our law firm can provide you with an experienced lawyer, who will remain compassionate and committed to your case at all times. Contact our law firm directly to discuss your legal options.