We depend on medical professionals to help maintain our health. However, in some cases, doctors, dentists, and other medical professionals make mistakes that can result in long-term problems. A missed or erroneous diagnosis, prescribing the wrong medication, or a surgical mistake can have a serious impact on our overall health and well-being.
Another type of medical malpractice involves neglect or abuse of our loved ones who are confined to nursing homes. We expect when we place our loved one in a skilled care facility they will be safe, they will be treated well, and their medical needs, as well as day-to-day needs, are being met. Unfortunately, this is not always the case; seniors are often abused by the very people who are supposed to be providing their care.
Nursing home abuse may not involve physical injury; in some cases, seniors are verbally abused, their personal care needs are neglected, or they may be denied medical attention when they need it. When any of these occur, you have the right to seek assistance in holding nursing home staff members, owners, and those who have failed to provide the appropriate level of care for your loved one accountable. A Lynchburg, Virginia personal injury attorney can help you protect your loved one’s rights and may be able to help you remove them from the facility and find an alternative facility.
Medical malpractice cases present unique challenges. Before you have a medical malpractice case you need to prove two things:
- Violation of the Standard of Care: The physician or other health-care professional acted in an unreasonable manner; they did not provide you with a reasonable level of care. Before initiating a legal proceeding, you have to have a doctor who specializes in the medical practice area as the offending doctor has to certify that the offending doctor violated the standard of care.
- Significant Injuries: Doctors are held responsible for injuries, and illnesses caused by prescribing medications if they failed to properly inform the patient of the risks associated with the medications. These types of injuries often involve life and death.
Minor injuries will never justify a medical malpractice case because the cost to put together such a case is usually very high. Cost could run between $25,000 and $50,000. The majority of these costs involve expert witnesses, court reporters, and transcript fees. For smaller cases, spending this money is simply impractical.