Although our healthcare system is governed by codes of conduct to prevent avoidable harm to patients, medical malpractice cases still occur. Medical Malpractice constitutes harm or death to an individual due to negligent behavior on the part of a medical professional. We place our trust in these professionals in times of need, and it’s unacceptable to suffer life-changing injuries as a result of their care.
Given the training medical professionals are required to undertake, we hold them to understandably high standards. If you’ve received treatment that’s harmed you, be it physically or in the form of a condition having progressed when it should have been identified and treated, then read on for information on what to do next and how an Oklahoma City medical malpractice lawyer can help.
What Constitutes Medical Malpractice?
Medical Malpractice can take several forms, but is always the result of negligence. That negligence can be a misdiagnosis, incorrect treatment of a condition, physical injury during treatment, or the denial that you’re unwell at all. Accepting that you’re ill can be difficult in itself, but having to accept that your condition has worsened due to a professional paid to help you is heartbreaking and in some cases lead to brain damage or spinal cord injury.
Seeking advice from a lawyer is beneficial in determining if your experiences constitute medical malpractice. An attorney will gather evidence surrounding your case to establish where fault lies and by what standards. Medical Malpractice cases usually revolve around the four D’s—duty, dereliction, damages, and direct cause. If all four of these factors are present in your case, any injuries, loss, or hardship sustained may be compensable due to negligence.
Dissatisfaction with any treatment provided does not constitute medical malpractice. To determine whether you have a case, the evidence must be assessed and negligence identified. A failure to provide information on your condition or treatment that prevents you from providing informed consent would constitute medical malpractice, for example.
How Do I Make a Medical Malpractice Claim?
When Medical Malpractice occurs, legal proceedings should begin as soon as possible to prevent any loss of evidence. It may surprise you to learn medical professionals do not have a legal obligation to inform you if the care provided was substandard or breached protocol in any way. If you suspect you’re a victim of medical malpractice, contact a lawyer to take action as soon as possible to ensure justice is served.
Your lawyer will first gather evidence to establish the medical professional in question was negligent in their actions and thus caused you direct harm. This evidence is integral to filing a claim and must be found and analyzed before your case can move forward.
How Long Does it Take to Negotiate a Settlement?
Medical Malpractice cases can be lengthy, given the depth of evidence required to prove your injuries were sustained due to negligent behavior on the part of the professional. They can also be emotionally draining without help as you seek the settlement you’re owed.
When calculating the sum you’re owed, factors such as physical injury, loss of earnings, rehabilitation, and emotional distress will be considered, among others. Some of these factors are easier to quantify than others, and for that reason, you should seek assistance from a lawyer to better understand the complexities of your case.
Finding the Right Lawyer in Oklahoma City
If you feel you have a Medical Malpractice case to pursue after reading the information above, contact an Oklahoma City medical malpractice lawyer from AMA Law and consult with a member of our team. We’re happy to offer guidance and advice as you decide on the appropriate course of action and can represent you in your pursuit of justice. Schedule your free case review by calling 405-708-7789 or leave us a message on our consultation form to the right to get the ball rolling on your case today.