You went to the doctor, hospital, or other healthcare provider expecting competent care. But sometimes, medical professionals make mistakes or fail to meet reasonable standards. You may have a claim if you or a loved one suffered harm from negligent medical treatment. Don’t assume you have no recourse—the law provides protections. Consulting an experienced Kansas personal injury lawyer can help you understand your options. Legal action not only holds negligent parties accountable but can also provide the compensation you need to cover damages. This article will discuss building a strong case by gathering evidence and statements. You’ll also learn what compensation may be available in a successful claim against a negligent healthcare provider. The process may seem daunting, but an attorney can guide you through each step.
Proving Medical Negligence With a Personal Injury Lawyer
Medical Negligence
If a doctor fails to diagnose or treat you properly, resulting in harm, that’s considered medical negligence. You have two years from the date of injury to file a medical malpractice lawsuit. To have a case, you must prove the doctor violated the standard of care and their negligence caused you harm.
Lack of Informed Consent
Doctors are required to inform you of the risks of any treatment or procedure. If they fail to do so and you’re injured as a result, that may be grounds for a lawsuit. You’ll need to show the doctor didn’t properly explain the risks, a reasonable person wouldn’t have consented if informed, and the treatment caused harm.
Surgical Errors
Mistakes during surgery, like operating on the wrong body part or leaving surgical equipment inside the body, are inexcusable. In these situations, you won’t need to prove negligence, only that the error occurred and caused damage. You have two years to file a claim from the date you discovered the error.
Hospital Negligence
Hospitals can also be named in malpractice suits for negligent acts like unsafe staffing levels, poor infection control, and improper discharge of patients. If hospital negligence led to injury, you have the same two-year window to pursue legal action against the hospital.
While no amount of money can undo the harm caused by medical negligence or errors, a malpractice lawsuit can hold the responsible parties accountable, pay for additional medical care needed, and help prevent future mistakes. If you believe you have grounds for a medical malpractice claim, consult with a personal injury lawyer regarding your legal options.
Holding Negligent Healthcare Providers Accountable: Your Legal Options
To hold a negligent doctor or hospital accountable, you’ll need evidence. That’s where an experienced personal injury lawyer comes in. They can investigate what happened and determine if you have a valid claim.
Gathering Evidence
Your lawyer will review your medical records, talk to witnesses, and consult with medical experts to understand exactly what went wrong. Things like misdiagnoses, surgical errors, failure to properly monitor patients, and not following standard procedures can all constitute negligence.
Building a Case
If there are grounds for a claim, your lawyer will gather statements, expert opinions, and research to prove the healthcare provider failed to meet the standard of care. They must show the negligence directly caused your injuries or damages.
Negotiating a Settlement
Many medical malpractice cases are settled out of court. Your lawyer will negotiate with the doctor, hospital, and insurance companies to try and reach a fair settlement that compensates you for medical bills, lost wages, pain and suffering, and other damages.
Going to Trial
Your case may go to trial if a settlement can’t be reached. Your lawyer will present the evidence before a judge and jury, who will determine if negligence occurred and the amount of damages you’re owed. While trials can be risky, they may be necessary to hold providers fully accountable and deter future negligence.
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Conclusion
With the help of a knowledgeable personal injury lawyer, you can find justice when doctors and hospitals fail to do their jobs properly. Don’t hesitate to consult with a lawyer about your options for pursuing a medical malpractice claim.