Medical malpractice can have long-lasting effects on you and your family. If you are the victim of malpractice, you may want to seek legal help. When you work with a personal injury law firm, you can explore your legal options. From here, you can decide if you want to hire a medical malpractice lawyer who can help you pursue damages from an at-fault party.
The legal team at Berman & Simmons has helped our clients obtain over $1.45 billion in personal injury case damages. We are available to review your case. To get started, contact us today.
What Is Medical Malpractice in Maine?
You may have questions about what is medical malpractice and if you are eligible to file a claim. Malpractice happens when a healthcare professional does not administer a certain level of care. The professional may be required to adhere to this standard but intentionally chooses not to follow it. At this point, the professional may be considered negligent. The patient subject to the malpractice may be able to submit a claim for damages.
A healthcare professional is not responsible for all harm that a patient incurs. For instance, a doctor may prescribe a medication in the hopes of helping a patient. In spite of this, the patient’s medical condition may get worse. The professional and their patient did not achieve their desired results. Regardless, the professional followed a standard of care and acted in their patient’s best interests. As such, the patient may not be able to sue the professional on the grounds of malpractice.
You or a family member may get hurt due to malpractice. In this situation, you may want to meet with medical malpractice lawyers in Biddeford, ME. You can provide an attorney with details about the harm that you or a member of your family has suffered. The lawyer may help you evaluate your legal options and give you insights into all that malpractice entails.
Medical Malpractice Examples
A healthcare professional may be negligent and cause you to get hurt, which may warrant a malpractice claim. Examples of malpractice include:
Failure to Diagnose
A doctor may collect personal information from you and evaluate your medical history. They may still ignore things that indicate you are dealing with a medical condition. If this happens, the doctor may be considered negligent due to a failure to diagnose a health problem. You may be able to work with a Biddeford medical malpractice lawyer who can help you hold this care provider accountable for their mistake.
Failure to Treat
You may be dealing with a medical problem and need care and support. However, a healthcare provider may choose not to administer proper treatment. This may represent a failure to treat. A Biddeford medical malpractice attorney can look at the facts surrounding your case. They may help you determine if now is the right time to file a malpractice claim.
Not Following Up
A healthcare practitioner has an obligation to make sure you receive sufficient care. In the weeks and months following treatment for a spinal infection or other medical issues, they may choose not to check on your health status. This may be classified as malpractice. If a doctor does not follow up with you after treatment, you may want to consult with a Biddeford medical malpractice law firm to find out if you have a case for damages.
Biddeford medical malpractice lawyers take their clients’ cases seriously. Rather than wait to pursue legal help relating to malpractice, it may be best to go over your case with an attorney. Next, your lawyer can explain the different types of malpractice and address your legal concerns and questions.
Types of Medical Malpractice
Malpractice is not one size fits all. There are many instances where you or a family member may be subject to a healthcare practitioner’s negligence without even realizing it is happening. Medical malpractice categories include:
Dental
You may visit a dentist’s office and expect outstanding care and support. Initially, your dentist may clean your teeth and help you manage any oral health issues. Yet, they may take shortcuts relative to their standard of care. In this scenario, you may be the victim of dental malpractice.
In one study, researchers reported more than 1 billion people had reported a traumatic dental injury (TDI). If you are coping with a TDI that may be related to malpractice, it may be a good time to consult with a medical malpractice lawyer. You can then work with an attorney to file a claim for damages, which you can use to recover from your injury.
OB-GYN
According to research, an estimated 18,880 OB-GYNs are expected to enter the U.S. workforce between 2018 and 2030. A patient may trust their obstetrician or gynecologist to provide a high level of care. Even if you do, your care provider may make a mistake that puts a woman and her baby in danger.
To prove negligence, it may be beneficial to partner with a medical malpractice lawyer. Your attorney can teach you about OB-GYN malpractice. If you or a family member is dealing with the ramifications of malpractice from an obstetrician or gynecologist, your lawyer can help you take legal action against the at-fault party.
Malpractice at VA Facilities
The U.S. Department of Veterans Affairs (VA) provides veterans with access to healthcare providers. These veterans should expect the same quality of care that they would receive from other healthcare personnel. There are times when VA medical personnel fail to give patients the support they need.
Medical malpractice attorneys understand the ramifications of negligence at VA centers. They can evaluate your claim and help you determine if you are able to seek damages based on malpractice at VA facilities. If so, they may be able to file your claim and build an argument that compels a judge or jury to award you the maximum amount of damages.
When you work with a medical malpractice attorney, you are in good hands. Your lawyer can work with you to submit a claim against a liable party. They will make sure that this claim is filed before the statute of limitations for doing so expires.
Statute of Limitations on Medical Malpractice
Per Maine Revised Statutes Title 24, §2902, you may have up to three years from the date you suffer an injury due to a medical provider’s negligence to seek damages. The time frame for filing a claim may not be extended. Beyond three years, you may be solely responsible for your injury-related losses.
You may request damages as part of an insurance claim. A healthcare provider may have medical malpractice insurance coverage. When you submit your claim, the provider’s insurer may cover it. Alternatively, the insurance carrier may commit time and resources to dispute your claim. It may also pressure you to accept a lowball settlement or accept some or full responsibility for your injury.
A medical malpractice law firm can help you negotiate with a liable party’s insurance provider. Your attorney can serve as an insurer’s point of contact if they have concerns or questions about your claim. They can discuss your case on your behalf and put you in a strong position to receive a fair settlement. If no settlement is reached, your lawyer can represent you during your trial.
Who Is Responsible for Malpractice
Medical malpractice law firms can answer frequently asked questions and others relating to their clients’ cases. Your lawyer can evaluate your case and help you identify any at-fault parties. Examples of defendants named in malpractice lawsuits include:
- Nurses
- Pathologists
- Physicians
- Radiologists
Biddeford medical malpractice attorneys can help you build a body of evidence to support your argument. Your proof may make it clear to a judge or jury that a party was liable. It may allow you to prove negligence and get 100% of the damages you are requesting.
Proving Negligence
You may provide medical records, insurance documents, and other forms of proof. Along with these things, you must show the following elements of negligence were present at the time you got hurt:
- Duty of Care: A healthcare provider has an obligation to deliver a predetermined level of care.
- Breach of Duty of Care: The provider violated this obligation, putting you at risk.
- Causation: Since the provider breached their duty of care, you were harmed.
- Damages: You are dealing with quantifiable or subjective losses due to the provider’s actions.
It may be helpful to look for Biddeford medical malpractice law firms that have received many positive client testimonials. This may boost your chances of finding an attorney who is well-equipped to prove negligence. Your lawyer can craft a compelling argument and present it to a judge or jury. On top of that, they may be able to dispute any claims that the defendant makes against you.
Medical Malpractice Damages
You may wonder how an insurance company pays accident medical bills. In a malpractice case, there is no guarantee an at-fault party’s insurer will cover your claim. It may be in your best interests to seek the most damages possible. That way, a liable party or their insurance carrier may be ordered to pay you a sufficient amount of compensation, which you can use on your medical bills and other malpractice-related losses.
Economic and non-economic damages may be offered in a malpractice case. You may receive economic compensation for quantifiable losses and non-economic damages for subjective ones. Reasons why a judge or jury may award damages include:
- Emotional trauma
- Lost earnings
- Medical expenses
- Pain
Just because you request damages does not mean you will get the money you want. If you go through the legal process on your own, you may make mistakes that compromise your case. By working with an attorney, you will have a legal advocate and representative to support you every step of the way. Your lawyer can help you calculate your damages and work with you to get compensation that serves you well for many years to come.
Medical Malpractice Wrongful Death Claim
According to MRS Title 18-C, §2-807, you may be able to submit a claim for damages if a healthcare provider’s negligence leads to a family member’s death. You may be eligible to file a wrongful death claim if you are a personal representative or special administrator of a deceased person (decedent). If you are, you may seek compensation within three years of a family member’s death.
The death of a family member can be emotionally taxing. You may want nothing to do with a legal claim in which you pursue damages from a negligent healthcare provider. A wrongful death attorney understands this, and they can guide you through the legal process.
Your lawyer wants you and your family to receive financial assistance from anyone responsible for your loved one’s death. They can provide support with a death claim, ensuring a negligent healthcare practitioner is held accountable for their actions. Your claim may allow you to get damages that you and your family can use to stay financially afloat following your loved one’s death. Also, it may prevent this practitioner from committing similar acts that put others in danger moving forward.
Medical Malpractice Case Settlement
If the defendant in your case has concerns about the strength of your argument, they may propose a settlement. You are not legally required to accept a settlement. If you get one, you may want to discuss it with your attorney. This can help you weigh the offer’s pros and cons and make an informed decision about how to proceed with it.
You have the final say on a settlement proposal. If your lawyer advises you to decline the proposal, you do not have to do so. Your attorney will support any decision you make regarding a settlement. If you decide to reject an offer, your lawyer can also negotiate with the defendant to try to increase a settlement’s value.
Request Legal Help
Problems can come up if you try to navigate a medical malpractice claim on your own. At Berman & Simmons, our specialty is personal injury law. We understand the complexities of malpractice claims and can help you address any challenges throughout your litigation. To schedule a free case review, contact us today.