We expect medical professionals and healthcare workers to uphold their duty of care to us when we are at our most vulnerable. Unfortunately, there are times when the careless or negligent actions of a medical provider cause harm to patients. Fortunately, you may be able to hold any negligence medical professionals accountable for their actions with a medical malpractice claim.
If you or a loved one has suffered serious injuries or tragically died due to medical malpractice, please contact us today to discuss your case. At Trial Lawyers for Justice, we are here if you need a Rochester medical malpractice attorney. We understand how serious these incidents are, and we will work to secure the compensation you deserve.
Why Choose Trial Lawyers for Justice?
At Trial Lawyers for Justice, our medical malpractice attorneys provide exceptional representation for those who have been wrongfully injured due to the negligence of a healthcare professional.
- We have an extensive track record of success in personal injury claims, securing over $1 billion in total recoveries on behalf of our clients.
- We also have proven success in handling medical malpractice claims. In one case, we were able to secure a $3.7 million verdict for a patient who was the victim of medical malpractice when the defense refused to settle before trial.
- We take the time to get to know every client personally so we can tailor our strategy to the client’s individual goals and needs.
- We take all Rochester medical malpractice cases on a contingency fee basis. This means that our clients pay no legal fees until after we secure the compensation they deserve.
Why Do You Need a Lawyer?
If you have been seriously injured due to the negligence of a medical professional, it is highly recommended to consult the services of a medical malpractice attorney. If you are still recovering from your injuries, we can handle all the legal work on your behalf, giving you peace of mind as you focus on healing and recovery.
Additionally, medical malpractice claims can be notoriously complicated and contentious. These types of claims are typically defended by corporate legal teams at hospitals or other major medical centers – dedicated to ensuring the hospital minimizes any losses from a lawsuit. Filing a claim against these aggressive legal measures can be difficult and stressful without an experienced medical malpractice lawyer by your side. An attorney can also negotiate with these parties on your behalf, preventing you from being accosted by lowball offers or aggressive demands by the other party.
Further, a lawyer has the resources to get a full idea of your claim and the extent of your injuries. Determining the full value of your claim can be difficult if you have not had prior experience evaluating such claims. An attorney has the resources and knowledge to understand any current and future expenses you may incur, factoring all of that into the compensation you should pursue.
Ultimately, a medical malpractice attorney is there to provide the legal know-how necessary to give you the greatest chance of success with your medical malpractice claim.
Types of Medical Malpractice Cases We Handle
According to researchers at Johns Hopkins University, medical mistakes are the third leading cause of death in the country. At Trial Lawyers for Justice, we know that there are countless ways that a medical error can occur in any healthcare setting. This includes the following:
- Prescription medication errors
- Misdiagnosis or a missed diagnosis
- Delayed treatment
- Failure to treat a patient
- Healthcare worker fatigue
- Anesthesia errors
- Surgical errors including wrong site and wrong-patient surgery
- Failure to obtain informed consent
Rochester may be home to the Mayo Clinic, one of the nation’s most accomplished hospitals – but even the best medical centers are not immune from malpractice cases. Careless medical professionals exist everywhere, and even one instance of malpractice can result in significant harm to a patient.
Who is Liable for Medical Malpractice?
While many people only think of medical malpractice cases arising against doctors and surgeons, it needs to be pointed out that any licensed or certified medical professional can make a mistake that causes harm to a patient. This includes nurses, hospital aides, EMS professionals, optometrists, dentists, psychiatrists, and more. Any medical professional should be held liable if they cause an injury to a patient due to negligence.
Proving Negligence in a Medical Malpractice Claim
In order to prove negligence in a medical malpractice claim, the following four requirements must be fulfilled:
- A doctor-patient relationship existed. This means that you must show that you sought out the doctor for treatment, and the doctor agreed to treat you in a formal capacity.
- The doctor exercised negligence. The doctor failed to uphold his standard duty of care when treating you. This is typically measured by the standards of a “competent” doctor: if any other reasonable doctor would not have caused harm in the same circumstances, then your doctor exercised negligence in his actions.
- The doctor’s negligence led to you being injured. Your injuries were a direct result of the doctor’s carelessness – not because of other underlying factors.
- The injury led to specific damages. Your injuries led to quantifiable harms that have potentially caused hardship in your life.
What is the Statute of Limitations on Medical Malpractice Claims in Rochester?
Every state is responsible for putting a time limit on how long victims have to file medical malpractice claims against an alleged negligent provider. These time limits are called the statute of limitations. In Iowa, the statute of limitations for medical malpractice claims is two years from the date that the victim knew or should have reasonably known that an injury occurred due to a medical mistake.
There is also an overall time limit called the “statute of repose” that dictates that no medical malpractice claim can be made more than six years after the date that the alleged mistake occurred. Even if a person does not discover that they sustained an injury due to medical malpractice until seven years after the incident occurs, that will be too late to file a medical malpractice claim.
What Kind of Damages Can I Recover?
If you or somebody you love has been injured due to the negligent or careless actions of a medical provider, there may be various types of compensation available. At Trial Lawyers for Justice, our team will investigate your claim and work to secure the following on your behalf:
- Compensation for all medical expenses related to the error(s)
- Coverage of lost income and benefits if you cannot work
- Loss of enjoyment of life damages
- Pain and suffering damages
In instances of gross negligence or malicious carelessness, punitive damages may also be issued against the medical professional. These are intended as a form of punishment against the at-fault party, a deterrent to ensure that they will not engage in such malpractice again.
How Can Trial Lawyers for Justice Help?
At Trial Lawyers of Justice, we can utilize our experience and knowledge to take care of all the legal work necessary in a medical malpractice claim. This includes:
- Fully investigate your case, including gathering evidence
- Consulting with medical professionals and other experts for witness testimony that may substantiate your claim
- Fully determining the value of your case to ensure you receive the compensation you deserve
- Filing all the necessary paperwork
- Negotiating with the at-fault party on your behalf to prevent any lowball offers
- Taking your case to trial if an agreement is not reached
As trial lawyers, we are confident in our abilities in and out of the courtroom to secure the maximum possible compensation for your needs.
Contact Us Today
If you or a loved one has suffered a serious injury due to medical malpractice, please contact us immediately to explore your options for compensation. When you need a Rochester medical malpractice attorney, you can contact us for a free consultation of your case by clicking here or calling 866-854-5529.