Medical Malpractice

Doctors, nurses, and hospitals make mistakes. Diseases are misdiagnosed, patients are neglected, test results misread. In this day and age of big insurance companies, individuals and families suffer the consequences of bad medical practice. The Higgins Firm is experienced in taking on doctors and hospitals when a client has been injured as a result of bad medical practice. We utilize the best experts on the planet to fight for our clients and their families, and we work hard to get them the compensation they deserve.

What is medical malpractice?

Medical malpractice is a negligent or careless act by a doctor, hospital, or other health care provider. Malpractice occurs when a physician fails to properly treat or neglects to treat a medical condition and this failure or neglect results in a new or aggravated injury to the patient. The negligence in medical malpractice cases can occur in a variety of situations, which can include any of the following:

• a delay or failure in diagnosing a disease;
• a surgical or anesthesia-related accident or mishap;
• a lack of your informed consent for an operation or surgical procedure; or
• a physician fails to properly treat a disease after making a correct diagnosis.

What are the indications that medical malpractice has occurred?

The best clue you have that medical malpractice has likely occurred is a dramatically different or unexpected result of treatment or surgery, such as a serious brain injury following relatively minor or unrelated surgery. However, this is only an indicator. Sometimes unfortunate results can arise from an unavoidable risk related to the procedure. Irregardless, the provider should be able to give a good explanation for a worsened condition or unexpected death of the patient.

Sometimes a nurse or doctor will later comment on the methods or work of your care provider. These statements are also strong indicators of medical malpractice and should urge you to schedule a consultation with a competent lawyer.

How can I determine if medical malpractice has been committed?

The complexity of the medical and legal questions makes it extremely difficult for patients or relatives of an injured patient to determine on their own whether or not suspected medical malpractice has in fact, and in the eyes of the law, occurred.

If you suspect medical malpractice has occurred, we advise you to consult with an attorney experienced in medical malpractice. Most law firms, The Higgins Firm included, will provide a consultation free of charge. The first consultation is usually enough for an attorney to qualify whether or not you have a medical malpractice case warranting further investigation. If yours is a malpractice claim with a reasonable chance of success (determined by previous precedents and current laws about which your attorney should be well-versed), the initial attorney consultation will conclude with a plan of action. The next steps for further claim evaluation include obtaining all relevant medical records and the selection of a medical expert or experts to provide opinions concerning the standard of care and the injury or death.

Is an expert necessary to prove malpractice has occurred?

In most circumstances, yes. In medical malpractice cases, it is necessary to establish what the standard of care is in the professional community. This calls for another professional handling similar matters to state what should or should not have occurred in your particular circumstances. Many malpractice lawsuits are won or lost based upon the effectiveness of medical expert testimony.

To maintain confidentiality and protect your rights, it is important that all experts be hired by your attorney.

Should a claim be brought for every act of medical malpractice?

No. Sometimes a lawsuit may not be appropriate despite a clear case of medical negligence. Unfortunately, the high costs of litigating medical malpractice cases means some injured people will spend more on litigation than the amount of damages they could recover. This puts these injured persons in a choice of 1) abandoning their claim or 2) pursuing it at a financial loss "as a matter of principle." When discussing your potential claim with an attorney, make sure you ask about and understand the potential risks involved with the suit so that you can make an informed decision on whether to pursue your claim.

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