When you go to the hospital or a healthcare provider, you always expect to receive the proper treatment that will help you recover. Unfortunately, this is not always the case. Thousands of medical malpractice cases occur across the United States every year, with patients suffering lifelong injuries from improper medical care. Luckily, if you have sustained a spinal cord injury due to medical malpractice, the law is on your side. Through a civil lawsuit, you may be able to receive financial compensation for your injuries.
Healthcare providers are required to follow a “standard of care” for all patients, meaning providers are required to follow basic guidelines of what is considered acceptable medical treatment. If a healthcare provider breaches this “standard of care” and injures a patient, the patient can file a lawsuit against the provider at fault. Through filing a medical malpractice lawsuit, you can receive financial compensation for your injuries—and because spinal cord injuries are incredibly expensive, it is vital to file a medical malpractice lawsuit so you do not have to bear the costs of SCI on your own. Read below to discover whether or not you have a medical malpractice case.
Common Medical Malpractice Cases
There are many different types of medical malpractice cases that can occur. The most common examples of medical malpractice resulting in a spinal cord injury include:
- A healthcare provider failing to properly diagnose a condition
- A healthcare provider failing to properly treat a condition
- A healthcare provider recommending improper medical treatment
- A healthcare provider performing a surgical error
- A healthcare provider discharging a patient prematurely
- A healthcare provider performing an inadequate assessment of the patient’s medical history
These are the most common instances of medical malpractice; however, there are many more cases that can be considered medical malpractice. If you believe you are a victim of medical malpractice, contact us today to see if you have a case. We can help answer any questions and help you navigate the legal process.
How to Win a Medical Malpractice Case
To win a medical malpractice case, you must first find an experienced spinal cord injury medical malpractice attorney. An experienced SCI medical malpractice attorney will know the ins and outs of spinal cord injury care, and they will know what evidence to collect in order to help you win your case. Once you find your attorney, your legal team will start by identifying the parties at fault for your injury.
To identify who was at fault for your spinal cord injury, your lawyer will first conduct a thorough investigation of the instance of medical malpractice. They will sort through medical records and speak with healthcare providers to determine what led to your injury. Your attorney, through extensive research and investigation, will then determine who was at fault and begin the process of filing a lawsuit against the negligent party or parties. The attorney will then begin collecting evidence to help win your case in court or through settlement. The evidence your attorney will collect includes pictures of your injury, all relevant medical records, and evidence of damages (such as lost wages and medical bills).
Your attorney must prove that the healthcare provider breached the “standard of care” and caused your spinal cord injury. To do this, your attorney will utilize resources such as medical experts, medical records, and personal testimony. Your attorney must also demonstrate that your injury was not caused by any other factor, and was indeed caused by the healthcare provider’s actions.
Once your attorney determines that the healthcare provider caused your injury through a breach of the “standard of care”, your attorney must prove that your injury has caused significant damages in your life. Damages include costs of medical care, lost wages from missing work, loss of capacity to work long-term, pain and suffering, and loss of companionship and intimacy. If your attorney successfully demonstrates that the healthcare provider breached the standard of care and caused your injury, and that your injury has resulted in significant damages, you can receive substantial financial compensation for your injuries under the law.
Why the Wrong Attorney can Reduce Damages
Unfortunately, too often attorneys that take on a spinal cord injury case are not familiar with the ins and outs of living with a spinal cord injury and try to just make a quick dollar. It is so important to find an attorney that understands:
- What daily life is like for someone with a spinal cord injury
- All the different ways to improve your quality of life through proper nursing care, attendant care, physical therapy, occupational therapy, and recreational therapy
- Spinal cord injury life expectancy tables and how they should be interpreted based on your unique injury
- Different possibilities for you to pursue school, training, and a career
- All of the different equipment and technology that can improve your quality of life
- The long-term costs and services received for durable medical equipment, home renovations ,and vehicle modifications
It is important that a strategic life care plan is developed based on the care you need to live safely in the community. Fortunately, our spinal cord injury attorneys understand the spinal cord injury world because we live it everyday.
Questions? Resources Are Available.
Medical malpractice cases can be tricky to navigate. A significant amount of time, research, and evidence is needed to successfully win a medical malpractice lawsuit, especially for lawsuits involving spinal cord injuries. If you or a loved one has sustained a spinal cord injury due to medical malpractice, please contact us at firstname.lastname@example.org or fill out the form provided on this page. You are not alone in your spinal cord injury journey!