Medical Malpractice Lawsuit

What Is a Medical Malpractice Lawsuit?

Medical malpractice happens when a health care provider fails to meet the standard of care expected of them, resulting in harm to a patient. Negligence during diagnosis, treatment, or aftercare may result in painful and potentially permanent impairments.

Some patients file medical malpractice lawsuits to seek compensation, hold negligent health care professionals accountable, and potentially prevent other patients from experiencing similar harm.

Compensation from medical malpractice lawsuits can help patients make up for lost wages, hospital bills, pain and suffering, and more.

LawFirm.com works with lawyers who have secured over $9.8 billion for those harmed through no fault of their own, including patients injured due to medical negligence. Our legal partners never charge any upfront costs or hourly fees and can help victims nationwide.

Get a free case review now to see if an experienced medical malpractice lawyer may be able to fight for everything you deserve.

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Take the first step toward compensation and justice for medical malpractice.

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Medical Malpractice Lawsuit Settlements

The majority of medical malpractice lawsuits end in out-of-court settlements, providing patients with quicker access to much-needed compensation.

Medscape reports that the average medical malpractice settlement is about $425,000, but some patients have recovered over $1 million by working with the lawyers in our network.

Medical malpractice settlements and verdicts secured by our legal partners include:

• $9.67 million for the family of a child who suffered injuries due to a delayed delivery
• $3.9 million to a patient who received a delayed herniated disc diagnosis
• $2.5 million for a medical malpractice victim in Massachusetts
• $2.43 million on behalf of a patient in a failure to diagnose case
• $2.25 million for a patient who received an incorrect diagnosis
• $2 million to a woman whose daughter passed away due to medical malpractice
• $1.75 million for a woman whose doctors failed to diagnose her ovarian cancer
• $1.5 million to a man whose lung cancer was missed in X-rays until it spread to stage 4
• $2.9 million for a patient whose misdiagnosis caused his cancer to worsen
• $3.25 million for a New Hampshire patient with a delayed lung cancer diagnosis

Medical malpractice lawsuit payouts may vary depending on factors like the severity of the injury and the level of negligence involved. A medical malpractice lawyer will consider all factors and fight for maximum compensation.

Common Types of Medical Malpractice

There are many different types of medical malpractice and each can result in serious injuries. While a doctor may not intend to cause harm, a careless medical mistake can have devastating consequences for a patient and their family.

Find out about common medical malpractice lawsuits that are filed after health care professionals provide improper medical care.

Birth Injury Malpractice Lawsuits

Birth injuries are often caused by medical errors before, during, or shortly after birth. While some birth injuries are minor and heal on their own, others can leave children with health conditions that require lifelong care.

Birth injuries that may be caused by malpractice include:

• Cerebral palsy
• Erb’s palsy and other brachial plexus injuries
• Infant brain damage
• Newborn cephalohematoma
• Vacuum extractor delivery complications

The lifetime care costs for a child with a serious birth injury are over $1 million, according to the Centers for Disease Control and Prevention.

Compensation from a birth injury medical malpractice lawsuit can help families provide their child with necessary medical treatments and a brighter future.

Get a free birth injury case review right now to see if your family may qualify for compensation.

Failure to Diagnose Lawsuits

Failure to diagnose lawsuits often involve a delayed diagnosis or a misdiagnosis. Both can prevent patients from getting care, leading to more serious health problems and limited treatment options depending on how their illness has progressed.

Examples of diagnostic errors include:

• Delayed diagnosis: A health care provider fails to determine the cause of a patient’s symptoms in a timely manner, resulting in the condition worsening or becoming untreatable
• Failure to diagnose: A doctor doesn’t take the necessary steps to provide a patient with a diagnosis
• Misdiagnosis: The medical professional provides an incorrect diagnosis, potentially leading to unnecessary treatments while their health continues to deteriorate

“For a patient, a diagnostic error can mean the difference between life and death. While estimates vary, likely more than 100,000 Americans die or are permanently disabled each year due to medical diagnoses that initially miss conditions or are wrong or delayed.”

– Johns Hopkins Medicine

Some commonly misdiagnosed conditions include different types of cancer, heart attacks, strokes, and infections.

Surgical Malpractice Lawsuits

Patients who suffer preventable harm or trauma due to the negligence of a medical professional during surgery may be able to file a surgical malpractice lawsuit. These lawsuits can be filed against surgeons, anesthesiologists, and more.

Examples of surgical malpractice include doctors accidentally damaging muscles or nerves, leaving sponges or tools inside the body, or operating on the wrong body part.

Emergency Room Error Lawsuits

Emergency room doctors are trained to act quickly to save lives. When emergency rooms are crowded, understaffed, or unsanitary, patients can end up paying the price.

An ER medical malpractice lawsuit can hold negligent health care providers accountable for delayed treatment, improper discharge, oxygen administration errors, and more.

Lawsuits for Medication Mistakes

Prescription drug errors can have serious consequences for patients, as incorrect doses or the wrong medication may result in severe injuries and even wrongful death.

These types of medical malpractice lawsuits may be filed against the prescribing doctor, pharmacist, technician, or pharmacy if the mistake was due to their negligence.

Even if you don’t see your specific situation listed above, what you experienced may still be considered medical negligence or malpractice.

Who Qualifies for Medical Malpractice Lawsuits?

You may be able to file a medical malpractice lawsuit if you or a loved one received care from a health care provider that resulted in harm. Your legal team must prove that the provider’s actions directly caused your injury or worsened your condition.

A lawyer will work to prove medical malpractice by showing:

• The doctor had a legal duty to provide care
• They breached that duty by providing care that didn’t meet accepted standards
• The breach of duty resulted in harm to you or a loved one
• You experienced financial damages, like medical bills or lost income

Medical malpractice lawsuits can be complex, so it’s best to get help from an experienced attorney who understands this area of the law and has successfully secured compensation for past clients.

How Does a Medical Malpractice Lawsuit Work?

A personal injury lawyer can guide you through each step of a medical malpractice lawsuit, allowing you to focus on your health while they fight for the justice you deserve.

In general, medical malpractice lawsuits involve an attorney:

1. Providing a free case review to determine if you may be able to take legal action
2. Gathering evidence, like medical records and expert testimony, to build a strong case
3. Filing your medical malpractice claim before any legal deadlines
4. Negotiating a medical negligence settlement with any at-fault parties
5. Representing you in court and seeking a medical malpractice verdict if a settlement isn’t reached

A medical malpractice attorney will work to secure as much compensation as quickly as possible. They can handle all the legal legwork involved in medical malpractice lawsuit cases, providing legal advice and compassionate support along the way.

Medical Malpractice Statute of Limitations

The statute of limitations for medical malpractice is the amount of time you have to take legal action for medical negligence. This strict deadline varies by state and typically starts when you first discover you may have been harmed.

The statute of limitations for a medical malpractice death lawsuit may be different from a personal injury claim, depending on the state and other factors.

Knowing the time limit on a medical malpractice lawsuit is important. If you wait too long, you’ll miss your chance to take legal action and seek compensation for your losses.

Don’t delay: Get a free case review right now to see if one of our legal partners may be able to file a medical malpractice lawsuit on your behalf.

Get the Compensation You Deserve

Take the first step toward compensation and justice for medical malpractice.

Get a Free Case Review

Factors That May Affect a Medical Malpractice Lawsuit Payout

Many factors can impact the medical malpractice lawsuit payouts you may receive, like your specific injury and how it impacts your daily life.

Factors that may affect medical malpractice lawsuit payouts include:

• The severity of your injuries: Patients with more severe injuries may be entitled to larger medical malpractice lawsuit settlements.
• Cost of medical expenses: Medical mistakes can result in patients needing surgeries, medications, and other costly treatments. Medical malpractice compensation can help you pay for past and future medical bills.
• Pain and suffering: Malpractice victims may suffer chronic pain and lifelong disabilities. Knowing that a trusted medical professional caused harm can also result in emotional distress.
• Other losses: Medical malpractice payouts may also include damages for lost wages, the impact on your quality of life, and more.
• State laws: Some states have caps on damages that could affect the amount of a medical malpractice lawsuit payout.

A medical malpractice attorney will fight for as much compensation as allowed by law, providing you with peace of mind and allowing you to focus on your health.

Get Help Filing a Medical Malpractice Lawsuit

Medical malpractice is an all-too-common occurrence. Many patients suffer permanent injuries when their medical providers fail to provide quality care. These injuries can be physically and emotionally devastating and result in financial worries.

LawFirm.com works with experienced lawyers who can help even the playing field against negligent doctors and hospitals. Our legal partners have secured over $9.8 billion for victims of injustice.

The medical malpractice attorneys in our network:

• Are leaders in medical malpractice litigation
• Can help patients in all 50 states
• Have more than 45 years of experience
• Never charge any upfront costs or hourly fees

If you or a loved one has been injured due to medical malpractice, we’re here to help you seek the compensation and justice you deserve.

Call (888) 726-9160 right now or get a free, no-obligation case review to see if you may be eligible for compensation from a medical malpractice lawsuit.