Missoula Medical Malpractice Lawyer

When you feel sick or need surgery, you trust that a trained medical professional will deliver quality care. While most treatments do resolve medical problems, some cases leave a patient with life-changing or long-term injuries.

Some professionals act negligently or don’t abide by the standard levels of care in the medical field. When they cause harm to others, they need to be held accountable for these egregious actions.

If you have been affected by a medical mistake, you may have a case for medical malpractice. These reckless care providers not only harm patients, but they can destroy trust in the healthcare system and the doctor-patient relationship.

At Western Justice Associates, PLLC, we understand the physical, emotional, and financial harm these incidents can cause victims and their family members. If you have experienced an injury from medical errors, contact our Missoula medical malpractice lawyer today.

Medical Malpractice in Missoula

Medical malpractice is a serious concern across the United States, and Montana is no exception. When healthcare professionals fail to meet the accepted standards of practice in their field, it can cause harm to the patient. Some examples of medical malpractice include:

• Ignoring symptoms
• Failure to accurately diagnose
• Neglecting patient health history
• Inadequate aftercare or follow-up
• Overlooking lab results
• Failure to order necessary tests
• Premature patient discharge
• Errors during surgery
• Prescription errors
• Unnecessary surgery

Remember, not every mistake or undesirable outcome is a case for medical malpractice. Certain elements in a claim must be met to pursue legal action. If you have questions about whether your medical errors were caused by medical malpractice, contact a Missoula medical malpractice lawyer.

The Impact of Medical Errors

Along with physical harm, medical errors can also inflict emotional trauma on both patients and their families. This experience leads to a loss of trust in healthcare providers and the healthcare system as a whole. The emotional distress experienced by patients and their families often causes feelings of anxiety, fear, and helplessness.

The economic burden of medical errors is another aspect of their impact. Medical mistakes lead to additional healthcare costs due to extended hospital stays, additional diagnostic tests, and treatment for complications that arise from the error. These additional costs can place a significant financial burden on patients and their families.

Building a Case for Medical Malpractice

Many of these cases centered around the healthcare provider’s duty of care and whether they breached it. Duty of care refers to the obligation of healthcare providers to provide a certain standard of care while treating patients. It is defined as the level and type of care a competent health professional in the same field and under similar circumstances would have provided to the individual.

With this duty of care, the provider does not engage in acts or omissions that could harm a patient. If they don’t meet this standard, resulting in harm, the provider could be held liable for medical malpractice.

Elements of a Medical Malpractice Claim

Along with establishing a duty of care, a medical malpractice claim involves these other elements:

• Breach of duty: As the patient, you must demonstrate that a healthcare provider breached their duty of care. This can often include acts of negligence, such as misdiagnosis, incorrect treatment, or surgical errors.
• Causation: Additionally, that breach of duty must have directly caused an injury to the patient.
• Damages: As the final step, the patient must prove that they suffered damages due to the breach of duty. These damages include physical injury, emotional distress, additional medical expenses, lost wages, and decreased quality of life.

All these elements form the basis of a medical malpractice lawsuit. There is good news—you don’t have to handle these claims on your own. An experienced Missoula medical malpractice lawyer can help you gather evidence that will help support these case elements.

How a Missoula Medical Malpractice Lawyer Can Assist

If you are struggling to determine where a medical error is enough for a medical malpractice claim, there is help. When you work with an attorney, they can help you throughout the legal process, from filing the initial paperwork to representing your interests in court. These legal professionals can assist with:

Collecting Evidence

The foundation of any medical malpractice claim is the evidence. Your Missoula medical malpractice lawyer will gather all relevant information to substantiate the claim. This process involves obtaining and scrutinizing medical records, which can provide vital details about the patient’s condition and the treatment they received. Along with that, the lawyer may also collect testimonies from witnesses, other healthcare providers, family members, or anyone else who can shed light on the situation.

Additionally, the attorney may reach out to other medical experts in the field. These individuals can provide more information about the standard of care that should have been provided and how the defendant’s actions deviated from this standard.

Assessing Your Damages

Your attorney must calculate damages after establishing the healthcare provider’s negligence. This process will determine the financial compensation the client should receive to cover their losses. Medical malpractice damages cases can include:

• Past and future medical expenses
• Lost wages and future earning potential
• Compensation for pain and suffering

In some situations, punitive damages may also be awarded. These awards are intended to punish the defendant for egregious conduct while deterring others from engaging in similar behavior.

Negotiating with Insurance Companies

Most medical malpractice claims often involve negotiations with insurance companies. These companies have their own team of lawyers and adjusters. Their goal is to minimize the amount of money the company pays out in claims. When you have an experienced medical malpractice lawyer, they can level the playing field.

With the evidence they have collected and their damages calculation, an attorney will negotiate with the insurance company. They can help you reach a settlement agreement that fully compensates you for your losses.

Representing You in Court Proceedings

If a fair settlement cannot be reached through negotiations, your lawyer may recommend taking the case to court. This decision is not made lightly since litigation can be a lengthy and costly process. However, in some cases, it may be the best way to ensure you receive the compensation you deserve.

In the courtroom, your lawyer will present the evidence, cross-examine witnesses, and make legal arguments to persuade the judge or jury of the defendant’s negligence. They will also argue for the amount of damages they believe you should receive.

A lawyer plays an important role in a medical malpractice case, from gathering evidence and calculating damages to negotiating with insurance companies and representing the client in court. Their advocacy can make a major difference in the outcome of your case.

Take the Next Steps for Your Claim

Medical malpractice claims can be complicated, especially for those who might not know all the intricacies of the law. When you have a Missoula medical malpractice lawyer on your side, you can have full confidence that your rights will be protected throughout the entire legal process.

If you are ready to take the next steps, contact Western Justice Associates, PLLC today. Schedule a consultation with our skilled and knowledgeable attorneys.