Whether we have a medical emergency or we’re heading to the doctor’s for an annual exam, we expect to receive a certain level of care. When a medical professional’s negligence causes harm to a patient, they can be held accountable.
If you have been injured, a Chattanooga medical malpractice lawyer can help.
When a doctor, nurse, or other medical professional violates their duty of care, and someone gets hurt, the at-fault party can be held accountable for the related losses — financial and otherwise. Additionally, the injured patient may be able to seek compensation to manage ongoing medical expenses and lost income.
At the CEO Lawyer Personal Injury Law Firm, Ali Awad and his team are well-versed in medical malpractice law. We have successfully represented injury victims in numerous situations, and we are here for you to provide quality legal guidance and representation.
Filing a Claim With a Chattanooga Medical Malpractice Attorney
The medical malpractice claim process is complex. However, when you work with an attorney, they will be able to explain the procedures from beginning to end, so you know what to expect every step of the way.
Speak With an Attorney
Medical malpractice claims are notoriously complex. To give yourself the best possible chance at success, it is important to consider seeking legal guidance from an attorney.
When you schedule a consultation with The CEO Lawyer, we will review your situation, explain your legal rights and options, and, should you choose to move forward with our representation, help you pursue compensation that could help you get your life back in order.
Obtain Medical Records
If you choose to pursue a claim with the help of our legal team, we will talk at length with you about your medical condition, why you sought care, and what you believe led to your injury. We will review your medical records and bills to determine if you have a case and what we think you may be able to pursue in terms of compensation.
In addition to obtaining your medical records, your attorney will likely recommend consulting with a medical expert. A medical expert is typically a doctor who practices the same type of medicine as the individual you are pursuing your claim against.
The expert can review your records and provide an opinion on whether they believe the doctor-in-question caused your injuries and losses.
Notify Insurance and Provider
Once it is confirmed that you have a legitimate medical malpractice claim, your attorney will help you inform the applicable medical professional and their insurance company. Doing so will start the claims process and put you closer to potentially receiving compensation for your losses.
Consider Negotiating
Some medical malpractice claims are able to be resolved through negotiations. If the medical provider is willing to admit fault or the insurance company is looking to settle to avoid a lawsuit, there is a chance you could be offered a reasonable settlement.
You will have the opportunity to accept, negotiate, or deny a settlement offer. However, many medical malpractice claims are not resolved through negotiations; rather, insurance companies may want to take the claim to court in order to conduct a thorough investigation of the matter.
File a Lawsuit
If your claim is not resolved through negotiations, your attorney will explain the litigation process.
The lawsuit starts by filing a complaint in civil court. From there, both sides will go through the discovery process to investigate claims, evidence, and defenses.
This process can take months or even longer, but your lawyer will keep you on track and ensure you understand your options.
There is a chance your lawsuit could be settled through mediation. If that does not happen, you will have the opportunity to proceed with a trial to obtain a verdict from a jury.
What Is Medical Malpractice?
Medical malpractice occurs in many forms; however, instances also involve a negligent act or omission on behalf of the medical professional.
For a situation to legally be considered an act of medical malpractice, the following must apply:
- Standard of care violations. Certain medical standards are recognized as being acceptable treatment by sound physicians and other professionals. Legally, this is known as the standard of care. As a patient, you have the right to expect your doctor to provide care consistent with those standards. If the standard of care has been violated, you may have a worthy negligence claim.
- For a medical malpractice claim or lawsuit to have merit, the standard of care violation has to have resulted in an injury that would not have happened if protocols were followed. Your lawyer may call on a medical expert to explain how the situation should have been handled in order to prevent the harm that has occurred.
- Medical malpractice claims have the potential to result in significant costs for additional treatment and other financial concerns. If an injured patient can prove they were wrongfully injured by their doctor or another member of their care team, the provider could be held liable for these costs. Your attorney can help you seek compensation for a number of losses, including disability, lost wages, pain and suffering, hardship, medical bills, and more.
If you believe you may have a reason to pursue a medical malpractice claim, The CEO lawyer is ready to evaluate your situation and help you determine how best to proceed.
Types of Medical Negligence
Medical malpractice can occur in a number of ways. Some of the most common types of medical malpractice we see people deal with include the following:
- The majority of medical malpractice claims are filed on the basis of diagnostic errors. Patients who receive incorrect diagnoses are at risk of undergoing unnecessary treatments and not having their actual condition taken care of. For example, if a patient is diagnosed with acid reflux when they are actually having a heart attack, the risk of serious injury or death increases.
- Medication Errors. Prescription drug errors can result in severe or fatal reactions. Examples of medication mistakes include prescribing the wrong medication for a patient’s condition, prescribing an incorrect drug, failing to check for interactions or allergies, and administering the wrong medication.
- Surgical Errors. Surgical errors are often the result of miscommunication or inexperience. A patient who endures a surgical error may have an operation performed on the wrong side of their body or undergo an operation that was meant for someone else. There are also serious risks associated with anesthesia mistakes. Too much anesthesia can result in oxygen deprivation, and too little can cause unnecessary pain and suffering.
- Birth Injuries. Injuries sustained during childbirth can result in lifelong disabilities or death. Doctors may fail to provide the mother with the correct medications, or they may use medical intervention tools like vacuums or forceps in such a way as to cause harm to the newborn.
- Failure to Treat. There are numerous situations that can result in a doctor failing to treat a patient. Some examples include discharging patients too early, failing to order proper tests, ignoring a patient’s medical history, and failing to provide a patient with adequate follow-up information.
It is important to note that the list above is not comprehensive. No matter what type of situation or injury you have sustained, our attorneys can help you determine if you have grounds to take legal action.
The Consequences of Medical Malpractice
A single instance of medical malpractice can completely change the course of a person’s life. If you have been wrongfully harmed by a doctor, nurse, or another medical professional, you may be dealing with economic and noneconomic losses.
Your economic losses are based on numerical figures and are calculable. Your lawyer will explain how different terms apply to your situation and what may be recoverable.
To determine a fair valuation for monetary damages, your lawyer will assess a total for your hospital bills and lost wages. They will also take into consideration what you may continue to spend to have your injury or condition treated, as well as what you will continue to lose in terms of income.
Noneconomic damages are more challenging to compute as they are based on personal losses.
Your injury could be causing significant pain and suffering, as well as a loss of enjoyment of life. If you are unable to participate in activities or work that used to bring you joy, your mental and physical health could be suffering.
To properly value your noneconomic damages, you and your lawyer will discuss the type of impact the malpractice has had on your life and your outlook for the future. Typically, noneconomic damages are higher when the consequences of the malpractice are more severe or permanent.
Get Help From a Chattanooga Medical Malpractice Law Firm
Medical malpractice victims need to understand their legal rights and options after they’ve been injured. A Chattanooga medical malpractice attorney from Ali Awad Law can help you and your family recover.
You may feel overwhelmed during these moments, but attorney Ali Awad, The CEO Lawyer, is here to stand up for your legal rights.
Don’t accept lowball offers, and don’t take insurers at face value. Arm yourself with the legal representation you need to get a fair shake at the settlement you deserve.
With an experienced Chattanooga personal injury lawyer by your side, you improve your chances of obtaining full and fair compensation for your losses. The sooner you get in touch with our law firm, the better your chances will be of pursuing a successful claim or lawsuit.
Fill out our online contact form today or call (423) 777-8888 to get started.
