It may be difficult to prove a healthcare provider did not provide you or someone you know with adequate care. To succeed, you may need legal help to file a personal injury claim. Medical malpractice lawyers offer legal guidance and support. They may work with you to get damages from anyone who caused you harm.
Berman & Simmons is Maine’s leading personal injury law firm. Our Portland, ME medical malpractice attorneys are available to review your case. To get started, contact us today.
What Is Medical Malpractice?
You may be the victim of medical malpractice if a healthcare professional injures you. Doctors and other medical personnel are expected to meet a certain level of care. If they do not, they may be liable for any harm you incur.
Malpractice does not apply to all medical issues. For instance, a doctor may properly diagnose and treat your medical condition. However, the condition may worsen over time in spite of the doctor’s best efforts. In this situation, you and your doctor may be doing everything within your power to minimize harm. Although your doctor’s treatments may not deliver your desired results, you may be ineligible to sue this medical professional on the grounds of malpractice.
If you believe a doctor knowingly harmed you, it may be best to consult with a medical malpractice lawyer. At this time, an attorney can evaluate your case and go over your legal options with you. They can help you determine if you have a legitimate malpractice claim.
Medical Malpractice Examples
You may wonder what is medical malpractice and what does it look like. There is no single form of malpractice. Times when a healthcare provider may be liable for a patient’s injury or death include:
- Failing to diagnose a medical condition
- Performing an unnecessary surgery
- Not following up with a patient after an appointment or surgery
- Not removing objects from a patient’s body after surgery
- Completing a medical procedure on the wrong part of a patient’s body
A medical malpractice attorney can help you figure out if you are the victim of a healthcare provider’s negligence. If so, you may be able to seek damages from this provider through an injury claim.
Where Medical Malpractice Happens
Malpractice can happen at a hospital or any other medical facility. When a birth injury or other forms of malpractice occur, it may be related to an insufficient level of care.
A healthcare provider may have protocols and standards in place for administering care. It may choose not to follow these, resulting in a patient injury or death. The patient may suffer the consequences of the provider’s actions. They may be able to claim they are the victim of malpractice.
How to Report Medical Malpractice
You may file a complaint against a healthcare provider that puts you or someone you know at risk. The Maine Board of Licensure in Medicine allows you to submit a complaint online. Once the board receives your submission, it will perform an investigation. Next, the board will review the investigation results and determine if further action is warranted.
If you submit a complaint, it may not change the fact that you or someone you know got hurt due to a healthcare provider’s negligence. To protect yourself and others against similar issues, you may want to work with an attorney. You can explain the nature of the malpractice to a lawyer, and they can help you take legal action against the provider responsible for it. This may allow you to get damages you can use to recover from an injury you suffered. At the same time, it may minimize the risk that the provider will commit similar acts of negligence in the future.
Medical Malpractice Insurance Coverage
Healthcare providers may maintain insurance for failure to treat and other malpractice claims. You may be able to seek compensation through a malpractice insurance claim. In the best-case scenario, an insurer will cover the full cost of your injury.
An insurance company may be more focused on its client’s best interests over yours. You may have a valid claim for compensation due to malpractice, but an insurer may still try to deny your request for damages.
When you hire a lawyer, they serve as your legal representative. They may help you file a claim before the statute of limitations to do so expires and negotiate with an insurer on your behalf.
Statute of Limitations on Medical Malpractice
Per Maine Revised Statutes (MRS) Title 24, §2902, you may have up to three years to file a medical malpractice claim. It may be best to submit your claim as soon as you can. If you wait too long, you may be solely responsible for any costs relating to your injury.
A medical malpractice law firm can help you file your claim in accordance with Maine’s statute of limitations. Your lawyer can identify the at-fault party. From here, they can help you pursue a reasonable amount of damages.
Medical Malpractice Wrongful Death Claim
A family member may die due to the negligence of a healthcare provider. You cannot change the fact that this provider is responsible for your loved one’s death. Yet, you may be able to hold this provider accountable by filing a wrongful death claim on behalf of your late relative.
According to MRS Title 18-C, §2-807, you may be able to submit a death claim if you are the personal representative or special administrator of a deceased person. An attorney may help you determine if you are able to file this type of claim.
In many instances, a death claim must be submitted within three years of an individual’s death. It may be tough to think about taking legal action against a healthcare provider who caused your loved one’s death. A lawyer may help you during this period. They can guide you through the legal process and make sure that your rights are protected. In addition, they may focus on helping your family get damages from a liable party so you and your loved ones are financially protected.
Who Is Liable in a Medical Malpractice Case
You may bring a malpractice case against a healthcare professional or their employer. There are times when multiple defendants may be named in a malpractice case. Examples of defendants in malpractice lawsuits include:
- Anesthesiologists
- Dentists
- Hospitals
- Physicians
- Surgeons
Our attorneys understand the challenges that come with determining liability. Your lawyer may examine the facts of your case closely. This may help your attorney figure out who is responsible. It may also allow your lawyer to start gathering evidence that they can use to prove negligence.
Proving Negligence in a Malpractice Case
Portland medical malpractice lawyers can answer frequently asked questions relating to negligence and other legal topics. You are responsible for the burden of proof in your malpractice case. If you cannot make it clear to a judge or jury that a healthcare provider was negligent, you may not be able to secure damages.
To prove negligence, you must show that an at-fault party had a duty of care to you. The duty is a legal obligation to avoid careless and reckless acts that could put you in danger. Along with this, you must verify that the party violated their duty of care, which led to your injury. You must also confirm that you are dealing with economic or non-economic losses due to the party’s actions.
Medical Malpractice Cost
A spinal infection or other harm caused by medical malpractice may have long-lasting ramifications. You may require medical care and support for the rest of your life. As such, the cost of malpractice may be significant.
The consequences of malpractice may also extend beyond your finances. An injury may impact your ability to work, go to school, and enjoy your life to the fullest extent. It may even affect your relationships with family members and friends.
You do not have to deal with the ramifications of a malpractice claim by yourself. When you pursue legal help, you will receive support at each stage of your litigation. Your attorney can help you understand the immediate and long-term impact of your injury. They may put you in the best position to get the most damages possible.
Medical Malpractice Case Damages
If you are dealing with a malpractice claim relating to failure to diagnose or a similar issue, you may be entitled to economic and non-economic damages. A judge or jury may award economic compensation for quantifiable losses and non-economic damages for subjective harm. Reasons why a judge or jury may provide damages include:
- Emotional trauma
- Medical expenses
- Loss of consortium
- Loss of earning capacity
- Lost wages
Portland medical malpractice attorneys give each case the attention it deserves. They can help you calculate your losses. Your lawyer will work with you to show a judge or jury that you should be awarded 100% of the damages that you are requesting.
Comparative Negligence in a Medical Malpractice Case
Maine has a comparative negligence statute that may affect your ability to get damages. Based on this statute, you may be found partly liable for a personal injury. In a malpractice case, a judge or jury may award only a portion of the damages you initially requested based on your percentage of fault. If a judge or jury says you are primarily at fault, you may not be able to recover damages.
As an example, a judge or jury may determine you are 10% responsible for your injury. This means the defendant in your case is 90% liable. Thus, the defendant may be ordered to pay 90% of the damages you originally requested.
Now, consider what may happen if you are found to be 51% liable for your injury. In this scenario, you are more at fault than the defendant. Therefore, the defendant may not be required to pay damages. On top of that, you will have to cover your injury-related losses out of your own pocket.
A Portland medical malpractice lawyer will search for ways to show that you are in no way responsible for your injury. If they succeed, your attorney may compel a judge or jury to award you the maximum amount of damages.
Medical Malpractice Case Evidence
When you search for a Portland medical malpractice attorney, you may want to choose one that has received many positive client testimonials. This lawyer may commit time and resources to help you gather an abundance of evidence. Proof you may use to support your request for damages includes:
- Employment records
- Insurance documents
- Medical bills
- Witness statements
- X-rays, MRIs, and other medical records
Portland medical malpractice law firms want their clients to have enough evidence to prove a defendant was negligent. If you have a wealth of evidence, you may be well-equipped to present a strong argument. Also, you may be able to receive a fair settlement.
Medical Malpractice Case Settlement
It may be helpful to take a look at recent cases involving a Portland medical malpractice law firm. Doing so may give you a good idea of how the firm approaches settlement proposals. It may help you determine if its attorneys will be able to help you get compensation without having to go to trial.
You may be offered a settlement at any point before you present your case to a judge or jury. It may be tempting to accept a proposal since doing so will close your case. Alternatively, if you approve a lowball offer, you risk leaving money on the table. Even worse, you may have to pay some or most of the cost of your injury on your own.
If you receive a settlement, you may want to discuss it with your lawyer. This allows you to share any concerns or questions you have about the offer with your attorney. If your lawyer does not feel it is in your best interests to move forward with a proposal, they will let you know. Regardless, you have the final say on what to do with an offer.
Get Legal Help with Your Malpractice Claim
Medical malpractice can cause serious problems for you and your family. At Berman & Simmons, we may be able to help you with your malpractice claim. Let our attorney evaluate your case. To schedule a free case consultation, contact us today.