Medical Malpractice
Each year thousands of deaths and injuries occur in the United States due to potentially preventable medical errors of health care professionals. Choosing an experienced personal injury attorney to represent your interests during a medical malpractice case is essential. It is important to ensure that the attorneys handling your case have the knowledge, experience, and dedication to justice necessary for a successful resolution of your claim. Our attorneys will negotiate the best possible settlement of your case. In the event your case must go to trial, our attorneys are prepared to passionately pursue your case in the courtroom. We consider representing each client to be a privilege. We commit to do everything in our power, in every case, to be deserving of the trust you place in us. Please contact Elrod Pope Law Firm today to schedule a free consultation with a personal injury attorney who can provide a clear explanation of your legal rights and options.
Medical malpractice is not limited to medical doctors. It applies also to nurses, health care facilities and others providing health care services. Medical malpractice occurs when a negligent act or omission by a doctor or other medical professional results in damage or harm to a patient. Negligence by a medical professional could include an error in a diagnosis, treatment or illness management. If negligence results in injury to the patient, a medical malpractice case could arise against the doctor if his or her actions deviated from the accepted standards of practice or against the hospital for improper care, such as problems with medications, sanitation or nursing care; or against local, state or federally operated hospital facilities.
Medical malpractice claims are first established by a patient's medical records. These records provide an account of the patient's treatment. It is important to have an experienced attorney review your medical records to determine if you have a case and if so, how to best pursue your claim. Our attorneys' trial experience, technology, and focus on results has proven a successful combination for implementing winning strategies in actions against anesthesiologists, physicians, surgeons, nurses or other health care professionals.
To establish a case for medical malpractice, the plaintiff must prove that the defendant had a duty to the plaintiff, that the defendant failed to meet the standard of care owed to the plaintiff, that the mistake actually caused the plaintiff's injury and that the doctor or other medical professional's negligence was a substantial cause of injury or death. Proof of causation can be a challenging issue in medical malpractice cases. Our attorneys have physicians with specialized experience in the type of injury you have suffered review your records. Expert testimony can be critical to establishing causation in medical malpractice cases. Our experts are physicians in private practice or in academic positions who are competent in their particular field, have the ability to demonstrate complex ideas in an understandable manner, are willing to review the records and give deposition testimony, are honest, and who exhibit professional integrity. Contact an experienced medical malpractice attorney at Elrod Pope Law Firm who can evaluate your situation and work with experts to prove your case.
Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as the result of negligence. However, malpractice suits are often complex and can be expensive to litigate. Seeking compensation for an injury caused by a health care professional's negligence, regardless of its seriousness, requires time and may become expensive. This makes it difficult to pursue a case for an injury that is minor. If you believe you have a medical malpractice claim, it is important to consult with an attorney who can help you determine whether your claim is worth pursuing. Generally, attorneys primarily take cases involving profound and permanent injuries and damages.
If your doctor doesn't diagnose your medical condition properly or in a timely manner, you could be left with a serious injury or possibly a dangerous situation that could even result in death. When you go to a health care provider for medical advice, you trust them to give you the correct information about any medical conditions that you may have.
When your doctor or health care provider does not provide you with the right information, this is referred to as a misdiagnosis. Additionally, if your health care provider takes too long to inform you of a medical condition, then it is referred to as a delayed diagnosis. An improper diagnosis can cause you preventable or unnecessary harm or even death. A misdiagnosis can happen when a medical condition is diagnosed as not being very serious, allowing the medical condition to become worse and not be treated aggressively, leading to a worse prognosis. Alternatively, medical conditions can be diagnosed as far more serious than they actually are, leading to unnecessary surgeries or treatments.
There are many different types of medical conditions that are misdiagnosed. Some of the most common types of medical problems and cancers that are misdiagnosed are:
- Lung cancer
- Appendicitis
- Breast Cancer
- Testicular Cancer
- Heart Attack
- Bacterial Meningitis
- Prostate Cancer
- Cervical Cancer
- Birth Injuries
- Strokes
- Ovarian Cancer
- Pulmonary Embolisms
If you or a loved one are living with the consequences of medical malpractice, including birth injuries, surgical mistakes and misdiagnosis, it is important to contact an experienced lawyer who can protect your rights and get you the compensation you are entitled to. Our personal injury attorneys can help you and your family through this difficult time. Please contact us for a free consultation at (803) 324-7574 or toll free (800) 324-7574.
Insurance Companies and Medical Malpractice
Medical malpractice laws can be very difficult to understand and the statute of limitations varies from state to state. There are steps you should take if you feel you have been the victim of medical malpractice in order to ensure you get the compensation you may be entitled to. First, keep all the records of the care you now must receive as a result of the injury you suffered due to medical malpractice, and that includes all medical bills. Second, speak to an experienced medical malpractice attorney immediately. Even if you are unsure if you have been a victim of medical malpractice, speak to an attorney to find out.
It is important not to speak with the hospital or medical provider’s insurance company. Often, when it is known that you believe you were a victim of medical malpractice, the doctor’s malpractice insurer will contact you to obtain a statement. You are not required by law to speak with them and it is not in your best interest to do so. Certain statements can hurt your case and your ability to receive compensation at a later date. It is always best to retain the assistance of an attorney first and direct any insurance adjusters to speak with your attorney.
Also, the medical provider’s insurance company may make you an offer of money right away. Even if the amount of money they propose may seem like a lot of money, often it’s not close to the compensation you deserve. Insurance companies make more money when they pay out the least possible amount in claims.
If you or a family member has been the victim of medical malpractice, you have enough to worry about. Our attorneys have the compassion and trial lawyer experience to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Let the personal injury attorneys at Elrod Pope Law Firm deal with the insurance companies and the defense counsel to fight for the compensation you are entitled to. Let us help. Call to tell us your story (803) 324-7574 or toll free (800) 324-7574.
24 hour Personal injury hotline: (800) 324-7574.
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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice not the formation of a lawyer/client relationship.
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