Should I file a malpractice suit?

When a hospital, physician, physician’s assistant, nurse, or other medical professional causes harm to a patient by either doing something they should not have done or by not doing something they should have done, they have committed medical malpractice. Thus, medical malpractice can be through a negligent act or by a negligent omission. Sometimes, medical malpractice involves errors in (or the delay of) a diagnosis of a condition. Other times medical malpractice involves physicians who prescribe improper treatments or medications, or who delay treatment at a time when every moment counts. When medical professionals fall below the industry’s standard of care (i.e., they fail to follow best-known practices under the situation), they have committed malpractice.  

Oft times, when a physician commits malpractice, the resulting consequence is catastrophic to the patient and the patient’s family. The negative effects are often felt emotionally and financially. Tragically, the negligent acts of physicians can lead to paralysis, amputation, and even death.

When the hoped-for medical result does not occur, many people wonder if their physician committed malpractice. How can a person know if their current situation rises to the threshold of medical malpractice? 

When Should I Call an Attorney Who Handles Medical Malpractice Cases?

Not every negative medical result is the result of a physician’s negligence. Thus, if you are wondering if the bad result is due to malpractice, it is wise to call an attorney who regularly handles medical malpractice cases. Here are a few things to consider before calling:

• Has another medical professional told me that my treating physician made a mistake?
• Can I identify the mistake the physician made, or am I simply unhappy with the result?
• Has the physician’s negligence caused irreparable harm?
• Am I prepared to be involved in long, protracted litigation over this matter?

In every medical malpractice claim, the burden of proving the physician fell below the standard of care in the industry falls upon the person bringing the claim. The way to prove the physician fell below the standard of care is through other medical professionals who are brought in as expert witnesses. Your medical malpractice attorney will find the expert witnesses to testify against the physician who committed the harm.

Our firm receives many calls from people who have been harmed by the negligence of a medical professional. However, due to the significant cost of hiring expert witnesses (sometimes the costs run into the hundreds of thousands of dollars before a case concludes), our firm must be very selective in the cases we choose to handle.  There are cases where a medical professional has committed malpractice, harmed the patient, but which a medical malpractice attorney will not handle because the costs of the case will be greater than the potential recovery to the victim of the negligence.

What Are Some Common Mistakes Leading to Malpractice Claims?

• You were misdiagnosed. This happens most often when a physician fails to recognize the most serious symptoms being reported by the patient and sends the patient home (when they required immediate treatment). Common occurrences are when serious infections are misdiagnosed or the doctor misses obvious symptoms of appendicitis or cancer.
• You were injured during a medical procedure. Medical professionals may use an improper tool or an outdated procedure. Perhaps the doctor used too much force during a procedure.
• You were given improper medication. This often occurs when a medical professional misreads labels, fails to know which medicines are contraindicated with other medicines, or when the physician is distracted.
• You develop a serious, life-altering infection due to a physician failing to administer proper antibiotics. This often happens after a surgical procedure.

The foregoing list is not exhaustive. There are many ways (not listed above) where doctors, nurses, and other medical professionals commit medical malpractice. If you have been seriously harmed due to the mistake of a medical professional, you should call an attorney who knows and understands medical malpractice law.  

How Much Does it Cost for a Phone Call or Consultation?

If you wonder whether you are the victim of medical malpractice, please do not hesitate to call our office at Riggs, Ellsworth, and Porter. The call is free. If the attorney taking the call believes there is a potential medical malpractice claim, you will be invited for a consultation — which is also free.  

Why Call Riggs, Ellsworth & Porter?

The medical malpractice attorneys at Riggs, Ellsworth & Porter have years of experience handling medical malpractice claims. We know the law. We work with seasoned medical professionals who know and understand the medicine. We understand you would not be calling unless you were in a difficult situation. We will handle your case with compassion, dignity, and expertise. We are on your side and will work to make sure you are fairly compensated for all you have suffered, are suffering, and will suffer.  

If you have been seriously injured by the negligence of a hospital, an urgent care facility, a doctor, a nurse, a physician’s assistant, or any other medical professional, please contact us today. We look forward to helping you navigate through this difficult time in your life.