When a doctor, nurse, surgeon, or other healthcare provider fails to provide the standard of care a patient is entitled to, the results can be devastating, and often permanent. Medical malpractice occurs when a healthcare professional’s negligence causes injury, worsens a condition, or leads to a wrongful death. If you or a loved one has been harmed because of a medical mistake, you may be entitled to compensation for your injuries, medical bills, lost income, and pain and suffering.
Medical malpractice happens when a healthcare provider deviates from the accepted standard of care and that deviation causes harm to a patient. Not every bad outcome is malpractice — medicine involves risk, and not every complication is preventable. To have a valid claim, a patient generally must show:
Medical malpractice can occur at any point in a patient’s care, from diagnosis through treatment and recovery. Common examples include:
Patients harmed by medical negligence may be entitled to recover damages for medical expenses (past and future), lost wages and diminished earning capacity, pain and suffering, and in some cases, punitive damages. Families who have lost a loved one due to medical malpractice may also be able to bring a wrongful death claim.
These cases require establishing that a provider’s conduct fell below an accepted medical standard, which typically requires medical experts to review records and testify. Statutes of limitations for filing a medical malpractice claim also vary by state and are often shorter than for other personal injury cases, making it important to act quickly.
Medical malpractice cases are difficult to prove and often move quickly against strict filing deadlines, so the sooner you speak with an attorney, the better positioned you’ll be to protect your rights. The Barnes Firm’s medical malpractice attorneys can review your medical records, consult with qualified experts, and help you understand whether you have a claim at no cost to you until we recover compensation on your behalf. Contact us today at (800) 800-0000 for a free, no-obligation case evaluation.
If you were harmed by a provider’s care and suspect the outcome could have been avoided with proper treatment, an attorney can review your medical records to determine whether the standard of care was breached.
Deadlines vary significantly by state, and some states require an initial notice of claim before a lawsuit can even be filed. Because these windows can be short, it’s important to speak with an attorney as soon as possible.
These cases are among the most complex in personal injury law, typically requiring expert medical testimony and a deep understanding of medical standards. Experienced representation is critical to building a strong claim.
Request copies of your medical records, write down your recollection of events while they’re fresh, and consult an attorney before speaking with insurance representatives about the incident.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
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