Bozeman Medical Malpractice Lawyer
When you seek medical help, you place trust in the hands of professionals who have sworn to uphold the highest standards of care. However, when that trust is broken due to negligence or failure to follow established protocols, it can lead to serious harm and turn your world upside down.
Medical malpractice is a harsh reality that many patients face. Unfortunately, navigating through this complex area of law can be a challenge. You need a Bozeman medical malpractice lawyer who can help guide you through the steps of a lawsuit.
If you have been injured in these cases, you may be entitled to seek compensation for additional medical bills, lost wages, and pain and suffering. At Western Justice Associates, PLLC, we can help you explore your legal options.
What Is Medical Malpractice?
If you had a medical procedure, and there were complications, does that qualify as a medical malpractice case? That all depends.
Medical malpractice is a negligent action a professional health care provider commits. They must have performed their duties in a way that departs from the accepted level of standard care from those with similar experience and training. As a result, a patient experiences some harm.
In these cases, patients and their families may have a claim for medical malpractice. Often, the individual medical provider is named in the suit. These professionals may include:
- Physical therapists
Along with that, the health care facility or institution can also be responsible for the negligence of their workers. These defendants could involve:
- Medical groups
- Nursing homes
When these health care facilities fail to provide adequate care to their patients, they can be held accountable for negative health outcomes. If you have been affected by the negligence of a medical professional, you could have a case for medical malpractice.
How Does Medical Malpractice Happen?
Medical malpractice can occur in various ways. Sometimes, a doctor might release a patient early from the hospital, or the surgeon may make a serious mistake during an operation. Some of these instances can include:
- Misdiagnosis or failure to diagnose
- Incorrect treatment
- Misinterpreting lab results or tests
- Prescribing the wrong medication or dosage
- Surgical mistakes
- Neglecting to order proper tests
- Ignoring a patient’s health history
- Not recognizing common symptoms
- Lack of aftercare
- Discharging a patient prematurely
Injuries in a Malpractice Claim
Patients who suffer from medical negligence can experience a wide range of injuries and complications that can have long-lasting and devastating effects on their physical, mental, and emotional well-being. Inadequate care can result in:
- Physical pain
- Mental anguish
- Permanent disability
- Loss of relationships
- Wrongful death
These injuries can have life-long effects that impact the patient’s quality of life and also cause long-term consequences for their financial stability.
If you believe you have been a victim of medical malpractice, you will want to immediately seek legal representation from a skilled and experienced lawyer in our Bozeman office.
Proving negligence in malpractice claims can be an uphill battle. Navigating this process requires extensive legal knowledge and resources. With the help of a qualified attorney, you can understand your rights and choose the next steps for your case.
If you have been injured by a medical mistake, how can you prove your claim? Your legal team will need to focus on four key areas of a case. They include:
- Duty of Care: These claims must have a doctor-patient relationship, showing that the provider had a legal obligation to provide competent care. With a duty of care, the nurse, doctor, or any other health care provider must give care that is derived from the accepted standards and practices in the medical field.
- Breach of Duty: After providing the medical provider’s duty of care, you will need evidence that they failed to adhere to the accepted standard. With that, the provider did not provide care with the skills and knowledge as someone else in a similar situation.
- Causation: In these cases, there must be a direct link between the injury and the health care provider’s breach of duty.
- Damages: The last stage is a demonstration that the injuries were the result of the health care provider’s omission of care or neglectful actions.
Unfortunately, providing these claims can be difficult. Medical malpractice cases involve specialized medical information and terminology. Another hurdle is proving that a health care provider’s action or inaction fell below the standard of care.
Most of the time, your case will need testimony from medical experts in the same field as the defendant. In a medical malpractice case, it is not enough to show that the health care provider was negligent.
You must also establish that this negligence directly caused your injury. This can be difficult if the patient was already sick or injured before the alleged malpractice.
Injury cases are never easy to prove in a court of law. When those injuries are tied to the negligence of a medical professional, the bar is raised even higher. With that in mind, you should reach out to a Bozeman medical malpractice lawyer.
Can You Recover Damages?
The damages in a medical malpractice lawsuit can be divided into three main categories: economic, noneconomic, and punitive damages.
Economic damages refer to the quantifiable monetary losses that result from the malpractice, such as:
- Medical expenses (past and future)
- Lost wages
- Costs associated with future care or therapy
Noneconomic damages are the non-monetary impacts on your life, including:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Keep in mind that Montana has a $250,000 cap on noneconomic damages.
Punitive damages are awarded when the defendant’s conduct is egregious or reckless. However, they are only granted in exceptional cases.
A Bozeman Attorney Can Assist With Your Case
If you believe you have a medical malpractice case, consult an experienced attorney who can:
- Evaluate the viability of your case based on the facts and applicable law
- Gather necessary evidence including medical records and expert witness testimony
- Negotiate settlements with the defendant’s insurance company
- Represent you in court, if necessary
Medical malpractice cases can be very complex. They often require a great deal of skill and knowledge to navigate.
Proving negligence and a breach of duty on the part of a medical professional can be difficult. For this reason, you want the help of an experienced Bozeman medical malpractice attorney who can guide you through the process.
Western Justice Associates, PLLC understands the challenges of these types of cases. We will work with you to build a strong claim to recover the compensation you deserve.
If you believe you have been a victim of medical malpractice, contact us today to schedule your consultation.