Whether you were visiting your primary care doctor for a run-of-the-mill check-up, ended up in the emergency room, or were suffering from symptoms that required a medical diagnosis, you are relying on your healthcare provider’s expertise to help you protect your physical and emotional health. Unfortunately, just like with any other profession, the healthcare industry is flawed. It is not uncommon for medical professionals to make mistakes that can cost their patients financially, physically, emotionally, and permanently. If your life has been changed by your healthcare provider’s errors, it is time to take action.
Working with our unmatched Bangor medical malpractice lawyers from Berman & Simmons could give you the edge you need to make the at-fault party pay. If the insurance company is refusing to settle your claim fairly or your doctor is refusing to pay out of pocket, we may need to bring your case to trial if we hope to maximize your compensation. Discuss your legal options further when you contact our law office to request a free consultation today. When your medical expenses are covered in full, and you can finally move forward with your life, you will be glad you did.
What is Medical Malpractice?
Medical malpractice is a legal term used to describe a mistake or error made by a medical professional. Healthcare providers are held to a high standard of care, according to the National Library of Medicine. Anytime they make mistakes or errors that other reasonable healthcare providers would not have made, they may find themselves responsible for a medical malpractice claim if their patient suffers severe injuries or damages as a result of this mistake.
Recognizing healthcare errors is never easy. Working with a knowledgeable medical malpractice lawyer who has extensive experience handling claims like yours may be the best way to protect your right to compensation and ensure your healthcare provider is held accountable. Berman & Simmons will be here to lead you through the claims process every step of the way.
Medical Malpractice Examples You Might Deal With in Bangor
Our medical malpractice attorneys have spent decades advocating for injury victim’s rights. We have seen countless types of malpractice lawsuits and insurance settlements. Here are some of the most common:
Birth Injuries
According to the March of Dimes, there were 60 fatal fetal birth injuries reported across Maine in 2021. The top leading causes of birth injuries reported in 2021 included birth defects, preterm birth weight/low birth weight, medical accidents, and newborn complications.
Birth injuries are not only those that affect newborns. Maternal birth injuries, or injuries affecting the birth mother, are just as common. Some examples of medical malpractice in birth injuries include:
- Caput succedaneum
- Erb’s palsy and shoulder dystocia
- Improper use of forceps or assisted delivery devices
- Periventricular leukomalacia
- Preeclampsia
- Cerebral palsy
- Traumatic brain injury
- Collarbone injuries
- Perinatal asphyxia
- Spinal cord injuries
- Paralysis
- Perineal tearing during childbirth
- Jaundice
- Prolapsed uterus
- Cephalohematoma
- Facial paralysis
- Subconjunctival hemorrhage
- Intrauterine fetal demise
- Postnatal traumatic stress
Anesthesia Mistakes
Anesthesia mistakes are also common types of medical malpractice cases. Between 2007 and 2014, 17,116 anesthesia errors were reported across the country, according to the National Library of Medicine. Some of the most common types of anesthesia errors could include:
- Administering the wrong anesthesia
- Alarm deactivation
- Anesthesia awareness
- Anesthesia monitoring mistakes
- Aspiration
- Brain damage
- Cardiovascular injury
- Delayed administration
- Delayed delivery of anesthesia
- Delivering the wrong anesthesia
- Dosage errors
- Equipment malfunctions
- Excessive anesthesia
- Failure to monitor vital signs
- Failure to recognize complications
- Failure to review medical history
- Improper administration of oxygen during surgery
- Improper monitoring
- Incorrect dosage
- Insufficient anesthesia
- Tracheal intubation
Missed Diagnosis
If you report your health concerns to your healthcare provider and they miss the diagnosis, you may have the right to file a medical malpractice lawsuit against them. According to the US Department of Health and Human Services’ Agency for Healthcare Research and Quality, there are an estimated 7.4 million instances of missed diagnoses across the U.S. annually.
Misdiagnosis
Misdiagnosis is different from missed diagnosis. For example, if you complain of abdominal pain and cramping, and your healthcare provider dismisses your concerns, instead diagnosing you with constipation, you may be entitled to compensation for their mistake if you are diagnosed with uterine cancer, appendicitis, or another serious medical condition your healthcare provider should have caught upon their initial diagnosis.
Surgical Mistakes
Your medical malpractice attorney should be prepared to handle virtually any type of medical malpractice case. Surgical errors are some of the most common types of medical malpractice claims, accounting for approximately 1/4 of all medical malpractice lawsuits filed across the United States, according to A Dose of Insight. Some examples of surgical mistakes could include:
- Breaking or fracturing bones
- Cutting blood vessels
- Cutting muscles, tendons, ligaments, or other soft tissues at the surgical site
- Fatigue
- Incompetence
- Inexperience
- Insufficient training
- Lacerating the bladder
- Miscommunication
- Operating on the wrong body part
- Operating on the wrong person
- Perforating the bowel or colon
- Performing surgery while under the influence of drugs or alcohol
- Provider burnout
- Taking shortcuts
- Unnecessary or emergent procedures
Recoverable Damages for Victims of Medical Malpractice in Bangor
Medical malpractice law firms are there to help you demand full recovery of your damages. You have the right to be compensated for more than just your financial or economic losses. Some of the potentially recoverable damages that may be available in your medical malpractice lawsuit include:
- Pain and suffering
- Lost income
- Reduced earning potential
- Medical expenses
- Future medical treatment
- Emotional trauma
- Permanent disability
- Loss of consortium
Bangor Medical Malpractice FAQ
If you are hesitant to move forward with your medical malpractice lawsuit, you are not alone. With so many unanswered questions about how these types of claims work, it is easy to feel defeated before you even get started with your claim. For this reason, we have created a comprehensive medical malpractice FAQ below that provides the answers our clients, victims of medical malpractice, and their families need when they need them most.
Our medical malpractice law firm at Berman & Simmons will do everything possible to help your family demand justice. You may have further questions we do not address here. If this is the case, we welcome you to complete our quick contact form or call our office and set up a free consultation so we can discuss the specific details of your case.
What evidence do I need to win my medical malpractice?
The burden of proof in medical malpractice claims is similar to that of any other type of personal injury lawsuit. We must prove, based on a preponderance of the evidence under Title 5, §4631: Burden of proof, that your healthcare provider’s negligence was the cause of your illness, injuries, or damages. We do not need to prove liability beyond a reasonable doubt, we must simply demonstrate that the evidence shows the defendant is likely responsible for your damages.
Your Bangor medical malpractice lawyer will be tasked with conducting an intensive investigation. We will need to interview witnesses, consult experts, review medical records, and do a deep dive into your healthcare providers or medical history to build the strongest case possible. Examples of evidence that could be most useful include:
- Photos of your injuries
- Testimony from witnesses and other healthcare providers
- Testimony provided by medical experts
- Video footage of the incident
- Copies of your medical record
- Copies of your healthcare provider employment records
- Your healthcare provider’s blood alcohol concentration (BAC) levels at the time of the incident
Will punitive damages be awarded in my medical malpractice cases?
Punitive damages are possible in any type of personal injury case according to Title 5, §4613: Procedure in Superior Court. However, our Bangor medical malpractice attorneys do not see punitive damages awarded as often as they should be. The standard is high for punitive damages to be awarded. In an attempt to reduce instances of frivolous lawsuits, punitive damages can only be issued if the defendant’s conduct is malicious, abhorrent, intentional, or grossly negligent.
For instance, in 2016, in Worcester, Massachusetts, there was a case where a surgeon failed to verify the patient’s identity prior to starting the surgery in what is known as a “timeout.” The surgeon ended up removing the kidney of the wrong patient. This may be considered gross negligence, given the medical standard of care. If you are interested in finding out whether punitive damages may apply in your malpractice lawsuit, do not hesitate to contact our legal team to discuss the potential value of your claim.
How long before the statute of limitations on medical malpractice runs out in Bangor?
Our Bangor medical malpractice lawyers need to start working on your lawsuit as soon as possible. Under MRS Title 24, §2902, the statute of limitations for medical malpractice lawsuits generally expires three years after the medical mistake occurred. However, malpractice lawsuits are notoriously complex, as it is not unusual for patients to be diagnosed with injuries or illnesses related to their healthcare provider’s negligence months or even years after they saw this particular medical professional.
If we do not file your malpractice lawsuit in time, expect the Maine civil court system to deny you the compensation you would have recovered in civil court. It is not that you will lose your medical malpractice lawsuit but that you will not be able to move forward with it at all. Fortunately, with Berman & Simmons handling your medical malpractice case, you do not have to worry about missing these deadlines. Contact us as soon as possible to ensure we have plenty of time to build a powerful case against the liable parties.
How much does it cost to hire a Bangor medical malpractice attorney?
It does not cost any money down to hire Bangor medical malpractice law firms. This is because we work for our clients on contingency under Title 24, §2961: Contingent fees. We never require our clients to put a retainer fee down or charge an hourly rate. When it comes time to pay court filing fees, hire experts to review evidence and testify, and cover other expenses that arise throughout the claims process, we do not expect you to pay them.
We understand how difficult this time in your life may be. You may not have access to the funds you need to pursue your case on your own. For that reason, we take on all the risk so you do not have to. Then, if we win your case, a percentage of your award will go towards our attorney’s fees under Title 24, §2961: Contingent fees. Generally, attorney fees will range anywhere from 20% to 40% of your settlement. If we lose, you will never have to pay even one dollar in legal fees.
What will my malpractice insurance settlement cover?
If you receive a settlement offer from your healthcare provider’s medical malpractice insurance company, do not expect it to cover the total value of your losses. Insurance settlements are determined by the terms contained within the insurance policy.
For instance, your healthcare provider may have $1 million in malpractice insurance coverage but will only provide compensation for your medical expenses and lost wages. Malpractice insurance settlements generally do not take into consideration a patient’s pain and suffering, mental anguish, loss of enjoyment of life, permanent disability, and other economic and non-economic damages.
To find out exactly what your malpractice insurance settlement may pay for, consult your personal injury attorney. We can carefully analyze your healthcare provider’s malpractice insurance policy to gain insight into what we expect to recover through your insurance settlement. Do not lose hope if your malpractice insurance settlement is significantly less than you were hoping for. Any remaining damages can be demanded when you move forward with your medical malpractice lawsuit in civil court.
Connect With Our Top-Rated Bangor Medical Malpractice Attorneys for Help Today
When you are struggling to cope with the ramifications of your medical condition after a healthcare provider’s mistake, going through a complex legal process may be the last thing you want to take on. Fortunately, you do not need to keep carrying the weight of the world on your shoulders. Let us alleviate some of this burden by handling every legal detail of your case. Turn to an experienced Bangor medical malpractice law firm when you are ready to assert your rights and protect future patients from experiencing the same trauma you went through.
Berman & Simmons has over 100 years of combined legal training, experience, and success. We have recovered millions of dollars and counting for our clients. Have our team start working on your case as soon as today when you contact our office to schedule a no-cost, risk-free consultation. Complete our convenient contact form or call us when you are ready to take control of your life.