Medical Malpractice

• What is Medical Malpractice?
• What Does the Medical Malpractice Lawsuit Process Entail?
• What Damages Can You Recover?
• Let Nessler & Associates Help You Get Relief

You trust your healthcare providers to provide the best medical treatment possible. Sometimes, however, you receive substandard medical care that leaves you injured.

If you have experienced injury due to medical malpractice from your healthcare provider, arrange a free consultation to speak with a medical malpractice attorney at Nessler & Associates. Our attorneys have over 40 years of collective experience helping malpractice victims get fair compensation. We understand all facets of medical malpractice and can help you win a malpractice claim.

What is Medical Malpractice?

Medical malpractice is an act or omission that deviates from the standard of care and causes an adverse event. It also includes any action or inaction resulting in injury, disability, or death due to carelessness or negligence on the part of a healthcare professional.

These negligent behaviors can consist of failing to diagnose a severe condition, making an incorrect diagnosis, or failing to treat the patient appropriately. 1 in 5 Americans reported suffering a medical error in a 2017 report. Medical errors occur in about a third of hospitalized patients.

Types of Medical Errors

You can experience medical errors in any area of the healthcare system. Understanding the difference between medical injury and medical error can help you file a successful claim.

A medical injury occurs when a patient has an adverse event. For instance, if a doctor prescribes a medication you have never had before that leads to an allergic reaction would be considered an injury but not an error.

Often, medical errors can lead to medical injuries. Medical error describes when the providers deviate from the standard of care. For example, a nursing staff member can administer the wrong drug despite your medical records indicating an allergy. This type of mistake could be a medical error. Other medical errors can include a lack of oversight and care by other healthcare providers.

• Surgical errors include operating on the wrong site, anesthesia mistakes, cutting an organ or vessel by accident, or leaving instruments or supplies in the body.
• Failure to monitor laboring mothers can lead to a birth injury. Assistive devices such as forceps and suction cups can injure the baby during delivery. Not listening to mothers after delivery can cause doctors and nurses to miss a postpartum hemorrhage.
• Diagnostic errors can lead to inadequate or improper treatment. For example, missing a cancer diagnosis can lead to a fatal delay in treatment. Misdiagnosing celiac disease can cause a patient to go untreated, resulting in serious medical conditions such as diabetes and multiple sclerosis.
• Inadequate monitoring after a procedure can cause your healthcare provider to miss excessive bleeding and signs of infection.
• Unnecessary tests and treatment can create new problems. For example, some diagnostic imaging tests involve high doses of radiation. A spinal tap is a test where the doctor inserts a needle into the spinal canal, but it can introduce bacteria and cause an infection.

Causes of Medical Errors

Doctors, advanced practice providers, and nurses may cause medical errors due to their own behaviors. Among the actions that can lead to medical errors are:

• Failure to communicate with the patient and other providers
• Failure to adequately monitor the patient
• Failure to read the patient’s medical records
• Failure to give prescribed medicine at the correct time or dose

The medical industry has faced systemic issues that ultimately cause medical errors. These issues include:

• High turnover of nursing staff members, with a 128% turnover in nursing homes in 2021. The turnover has led to short staffing and the inability of nurses to care for patients under their charge properly.
• Poor transfer of electronic health records, causing prescribers to miss crucial information for drug administration.
• Technical issues with broken or malfunctioning equipment.
• Improper storage of drugs and equipment.
• Organizational focus on productivity over patient care.
• Inadequate communication and cooperation between departments.

Medical errors lead to an estimated 44,000 and 98,000 deaths annually—millions more lead to significant injuries and illnesses.

You will need the help of a skilled legal team to investigate your malpractice claim and determine any negligence in your medical treatment. The lawyers with Nessler & Associates have the knowledge and training to discover what led to your adverse outcome.

When negligence is found, we can work to ensure that you receive compensation for the damages you sustained.

What Does the Medical Malpractice Lawsuit Process Entail?

At Nessler & Associates, your injury attorney can help you through the entire malpractice claim process. We understand the laws related to your case, how to prove fault, deal with insurers, and appear in court on your behalf.

Review of the Applicable Medical Malpractice Law

Each state sets its medical malpractice laws, including the statute of limitations or time limit for filing a claim. Your medical malpractice lawyer with Nessler & Associates can help you navigate these often complicated laws.

Evidence of Your Injury

Your legal team will evaluate your medical records to determine how your injury occurred. This process includes researching the facility and healthcare providers’ history and finding past negligence or misconduct patterns.

Your attorney can also interview the people involved in your care. We can also consult medical experts to discover where the healthcare providers violated the standard of care. This process also identifies all parties responsible for your injury or illness, such as doctors, nurses, and facilities.

Negotiations With the Insurance Company

The personal injury lawyers with Nessler & Associates have decades of combined experience negotiating with the legal teams representing the insurance companies of the healthcare providers and their employers. We can confidently and skillfully negotiate with the defendant’s legal teams to reach a fair settlement.

However, if neither party can reach an agreement, this does not mean that your claim cannot be resolved. We will file a lawsuit against the responsible party and proceed with a trial if necessary.

Court Appearance

If the insurer refuses to settle your case, we can appear in court on your behalf. Our legal team can develop a legal strategy, present evidence, and hire expert witnesses to speak on your behalf.

Suing a healthcare worker or facility for medical malpractice is complex. You need the help of the caring lawyers with Nessler & Associates who understand the difficulties you face.

What Damages Can You Recover?

A medical malpractice lawyer can help you receive compensation for financial and intangible damages.

Economic Damages Cover Financial Losses

When medical professionals make errors that lead to a significant injury or illness, you have the right to seek damages. Financial losses include:

• Medical expenses
• Lost wages if you cannot return to work
• Out-of-pocket costs such as medicine and assistive devices

Non-Economic Damages Cover Intangible Losses

Some harm caused by medical malpractice does not have a price tag. Your attorney can use your medical records, interviews, and economic damages to determine a fair amount for non-monetary damages.

Intangible losses include:

• Physical suffering and pain
• Loss of consortium, or your family’s loss of love, support, affection, parental guidance, and physical intimacy
• Emotional distress
• Loss of enjoyment of life, or your loss of ability to perform daily activities
• Mental anguish

Damages in a Wrongful Death Lawsuit

A wrongful death claim can help you seek damages for the pain and suffering if a loved one dies due to medical malpractice. You can also seek loss of consortium and all economic damages. The economic damages include funeral and burial expenses and the family’s lost income.

The medical malpractice team at Nessler & Associates will seek the maximum settlement you deserve. In addition, we will hold the healthcare providers and facilities accountable for their negligence.

Let Nessler & Associates Help You Get Relief

The malpractice lawyers with Nessler & Associates can file your medical malpractice case. We have years of experience helping victims of negligence and misconduct.

We work on a contingency fee basis, which means we only collect a fee if we win your case. Contact us online or at (800) 727-8010 to schedule a free case review.