Medical Malpractice Claims | Keller Swan Medical Malpractice Lawyers
Doctors and medical professionals spend their lives helping others. But mistakes in the medical field can be brutal, resulting in long term suffering, injury or even death. Medical malpractice occurs when medical professionals fail to meet the standard of care and harm patients. At Keller Swan Medical Malpractice Lawyers we hold the negligent parties accountable and help victims get justice.
Can I Sue for Medical Malpractice?
Yes, you can sue your doctor, hospital or healthcare provider if they failed to provide reasonable care and you were harmed. Reasonable care is the level of care that a similar qualified healthcare professional would have provided in the same situation. Determining negligence requires consulting with medical experts who can verify if the standard of care was breached.
Notable Medical Malpractice Cases in the Last 10 Years
1. Johns Hopkins Malpractice Case (2014)
A Baltimore woman won $190 million in a lawsuit against Johns Hopkins Hospital after being misdiagnosed and had unnecessary surgery. The court awarded the settlement because of gross negligence in her case. This case highlights the importance of accurate diagnosis and responsible care.
2. University of California Negligence Settlement (2018)
A wrongful death lawsuit against the University of California’s medical system settled for $70 million after a procedure went wrong and their son died. The case shows the devastating consequences of negligence in high risk medical situations.
3. Duke Hospital Malpractice Case (2021)
In 2021 Duke University Hospital paid $112 million to a patient misdiagnosed with cancer. She had chemotherapy and long term health effects. The case shows the life changing consequences of diagnostic errors.
4. Florida Surgical Error Case (2023)
A Florida jury awarded a woman $85 million after a surgeon amputated the wrong leg. This 2023 case was national news, shows the devastating consequences of human error in medicine and the need for checks and balances.
5. New York Misdiagnosis Case (2024)
In a recent New York case a patient was awarded $95 million after a failure to diagnose sepsis resulted in limb amputations. The court’s decision highlights the importance of timely diagnosis and aggressive treatment of severe infections.
Medical Malpractice Cases
Medical malpractice encompasses a wide range of situations where healthcare providers fail to meet the standard of care. Here are some examples:
1. Misdiagnosis and Delayed Diagnosis
Not diagnosing a condition correctly or in a timely manner can result in unnecessary suffering or permanent harm.
2. Surgical Errors
Surgical mistakes such as wrong site surgery, retained surgical instruments or anesthesia errors can be fatal or life changing.
3. Medication Errors
This includes giving the wrong medication, wrong dosage or ignoring drug interactions and allergies. Medication errors are often preventable and can be severe.
4. Birth Injuries
Birth injuries can result in long term conditions such as cerebral palsy, Erb’s palsy or other developmental disabilities.
5. Failure to Treat
Failure to develop and follow a treatment plan especially in life threatening conditions like cancer, heart attacks or infections is considered malpractice.
6. Anesthesia Errors
Errors in anesthesia can result in brain damage, long term disability or even death. Anesthesia errors can be from improper dosage or failing to monitor vital signs during surgery.
7. Failure to Obtain Informed Consent
Healthcare providers must explain the risks, benefits and alternatives of treatment. Failure to get proper consent can result in liability if the patient is harmed from undisclosed risks.
Medical Malpractice FAQs
1. How do I know if I’m a medical malpractice victim?
Medical malpractice occurs when a healthcare provider deviates from the standard of care. If you were harmed from a misdiagnosis, surgical error, medication mistake or other negligence you may have a malpractice case.
2. How long does a medical malpractice case take?
Medical malpractice cases take 12-24 months depending on the complexity of the case. If the case settles it may be shorter. Litigation can extend the timeline.
3. Can I sue the hospital as well as my doctor?
Yes. If the hospital’s policies, staffing decisions or negligence contributed to the harm they can also be liable.
4. What damages can I recover in a medical malpractice case?
Damages can include medical bills, lost wages, pain and suffering and sometimes punitive damages depending on the severity and circumstances of the case.
5. How is negligence proven in a medical malpractice case?
Negligence is proven by showing the healthcare provider deviated from the standard of care, that the deviation caused the harm and that the harm resulted in damages.
6. How long do I have to file a medical malpractice claim?
Each state has its own statute of limitations. Generally you have 2-3 years from the date of injury or discovery to file a claim, but certain circumstances can extend or shorten that period.
7. What is the average settlement for medical malpractice cases?
Settlements range from thousands to millions depending on the case. Severe injuries, long term care needs and significant damages can increase the potential recovery.
8. Will my medical malpractice case go to trial?
While many cases settle out of court, some do go to trial. It depends on the strength of the evidence, the parties’ willingness to negotiate and the facts of the case.
9. What if my loved one died from medical malpractice?
If medical malpractice results in death you may file a wrongful death lawsuit. Family members such as spouses, children or parents can file on behalf of the deceased.
10. Do I need a lawyer for a medical malpractice claim?
Yes, medical malpractice cases are complicated and require expert witnesses, medical evidence and legal knowledge. An experienced attorney can help build your case and get you fair compensation.
Medical Malpractice Cases are tough
Medical malpractice cases are tough for several reasons:
- High Standard of Proof: Proving negligence requires a lot of evidence and expert testimony. The plaintiff must show the provider deviated from the standard of care.
- Complex Medical Evidence: Medical cases involve complex terminology, procedures and standards so you need to hire expert witnesses.
- Insurance Companies: Insurance companies defending medical professionals will use aggressive tactics to avoid liability making the negotiation process harder.
- Long Timeline: Because of the complexity and need for expert analysis medical malpractice cases can take years to resolve.
At Keller Swan Medical Malpractice Attorneys we handle these challenges by building strong, evidence based cases and working with medical experts to prove negligence.
What to do if you think you or a loved one was a victim of medical malpractice
If you think you or a loved one was a victim of medical malpractice do this:
- Get Medical Records: Get all records related to the treatment.
- Document Your Experience: Keep a journal of what happened, your symptoms and any communications with the healthcare provider.
- Contact an Experienced Medical Malpractice Lawyer: Medical malpractice cases require specialized legal representation. A lawyer can review your case, consult with experts and guide you through the process.
- Don’t Talk to Insurance Adjusters: Insurers will try to minimize your claim. Direct all communication to your lawyer.
Why Keller Swan Medical Malpractice Attorneys?
At Keller Swan we bring decades of experience to every case. Our lawyers know medical malpractice law and are here to help you get justice. We can handle everything from getting medical records to consulting with expert witnesses to negotiating with insurance companies. Our goal is to get you the maximum recovery for your pain, suffering and financial losses.
Our Process
- Case Review: We review your entire medical history, treatment and any deviations from standard care.
- Medical Experts on Your Team: We work with trusted medical professionals to build your case.
- Aggressive Advocacy: Whether negotiating or in trial we will fight for your right to compensation and accountability.
Contact Us: Keller Swan Medical Malpractice Attorneys
If you or a loved one was a victim of medical malpractice don’t go it alone. Keller Swan Medical Malpractice Attorneys will be your advocate and help you get the justice you deserve. Call us today for a free consultation and we will review your case and tell you what to do next.
