Learn How Our Mississippi Medical Malpractice Lawyers Can Help You
Were you injured during an operation, by a member of medical personnel, or developed an illness or disease due to negligence?
Medical malpractice is taken very seriously in the eyes of the law. If you fell victim to this type of serious negligence, you should not hesitate to take legal action.
Any type of medical malpractice can lead to very serious and life-altering effects.
At Harris Law Firm, PLLC, our Greenville medical malpractice attorneys are prepared to offer you stellar representation to help you recover compensation for your expenses.
Our medical malpractice lawyers in Mississippi care about holding the responsible party accountable for their actions and ensuring that it does not happen to anyone else in the future as a result.
What Is Medical Malpractice in Mississippi?
All medical professionals have a legal duty to provide the best quality care to their patients. That duty extends to surgeons, doctors, hospital workers, nurses, anesthesiologists, pharmacists, etc. When one of these medical professionals fails to provide the required standard level of care, they can be held liable for negligence.
Even the best doctor could make an error in judgment. Sadly, medical errors can have fatal consequences. A recent John Hopkins Medicine study determined that medical errors are the third-leading cause of death in the U.S. following heart disease and cancer.
However, it’s important to point out that making a mistake does not automatically rise to the level of malpractice. You must show the medical professional’s mistake breached the standard of care.
Different Types of Medical Malpractice Cases
There are many ways in which medical malpractice can occur, including:
- Medication errors,
- Brain injuries,
- Birth injuries,
- Surgical errors,
- Failure to diagnose illness,
- Misdiagnosis of illness, or
- Delay in diagnosis.
If you have been the victim of one of these, it’s a good idea to reach out to a medical malpractice attorney as soon as possible.
What Should I Do If I Suspect Malpractice?
If you suspect medical malpractice is the cause of your injuries, you need to take immediate action. You should seek medical care from someone other than the doctor or the hospital where you suspect the malpractice occurred.
Make sure to get copies of your medical records right away. These records are a vital part of the investigation to prove the medical provider is liable.
You should also contact our malpractice lawyers in Mississippi to learn how we can protect your rights and help you pursue a medical malpractice claim.
Do You Have a Claim?
Treating with a doctor and suffering an injury is not enough to establish a valid medical malpractice claim. In a civil case, you have the burden of proof to show the medical professional breached the standard of care.
The first element of a medical malpractice claim is to establish you had a doctor/patient relationship. In many cases, confirming this is pretty straightforward. However, if the doctor only consulted on your case and didn’t treat you directly, it would be hard to prove a connection.
You must be able to show that the medical provider breached their duty to provide reasonable care. Proving this may require hiring a medical expert who can testify regarding the standard of care generally expected of physicians providing the treatment you received and whether the medical professional met that standard.
Causation is the trickiest element to prove because many people have pre-existing conditions. Defense attorneys will use that as a defense to argue that you were injured before the treatment and that the medical professional or facility did not cause your injuries.
Once you prove these elements, you have to show damages. You can be injured, but there is no recovery if you did not suffer harm in some way. Damages are financial losses like medical treatment and lost wages or your mental anguish and physical pain and suffering, etc.
Protecting You Against Medical Malpractice
All medical professionals have a certain responsibility to you as their patient to provide you with a certain level of care. They operate under very strict regulations and rules, and when they fall outside those lines, it can be detrimental for you as a patient.
Regardless of the exact injury or illness you have suffered and the circumstances of the incident, our firm is here to help you to file a personal injury lawsuit. It can be very difficult to collect the proper amount of money you are entitled to unless you hire a lawyer to help you file a claim.
Some of the challenges our clients face include finding evidence that a medical professional made an error. Doctors and other professionals are not eager to admit mistakes, which means you need a malpractice lawyer in Mississippi who can find solid proof of negligence.
Our firm has experience:
- Interviewing medical personnel;
- Examining medical records; and
- Working with expert witnesses who can analyze the choices the doctor made.
Using our years of investigative experience, we will help track down the necessary evidence to hold the medical professional accountable for your injuries.
Prosecuting Malpractice Cases in Mississippi
Medical malpractice can occur as a result of a number of different factors, such as a doctor or staff member who is improperly trained or one who has not had sufficient rest before an operation or procedure.
Several Mississippi laws come into play with medical malpractice cases. For example, you must file your claim in a timely manner. Our state has an unforgiving statute of limitations that gives injured victims only two years to bring a lawsuit.
You can find the law at MS Code § 15-1-36. The clock starts ticking from the date the doctor committed malpractice or the date at which someone who is reasonably diligent could uncover the malpractice.
Mississippi also has a statute of repose that cuts off most medical malpractice lawsuits after seven years, regardless of when you discovered the error. If you have had surgery or feel unwell after a diagnosis, you should consider whether you were the victim of malpractice.
Lastly, Mississippi requires that most lawsuits be filed with an appropriate certificate stating that the attorney has met with a medical expert to review the case.
The expert must believe there is a reasonable basis to file the suit. This requirement was put in place to screen out meritless lawsuits, but it is just one more hurdle to jump through.
Why Hiring a Lawyer Can Help Your Case Outcome
Having an experienced medical malpractice attorney represent you can change the entire outcome of your case. Doctors and medical facilities have high-paid defense lawyers. When you pursue a claim directly, the insurance company and their attorneys rely on the fact that you don’t deal with medical malpractice claims regularly. They might unfairly deny your claim or offer you much less than your case is worth.
If your claim proceeds to litigation, you need a skilled lawyer who has successfully tried medical malpractice cases in court. These are not inexpensive cases to take to trial. Your attorney will be the one who advances all the court fees and investigative costs and retains any experts. Without an attorney, would you have thousands of dollars to pay for court costs and investigative fees?
Contact Our Malpractice Lawyers in Mississippi Today
Nobody should try to handle their medical malpractice case alone. Our Greenville, MS medical malpractice attorneys are here to help answer any questions you may have. To schedule a free evaluation, call us now at 877-714-4171.
Let us put our skills and experience to work for you and help you recover the compensation you deserve in a Mississippi medical malpractice claim.