During a significant medical emergency, you may not have the ability or capacity to select your healthcare provider or facility of choice. You can only hope that the facility or healthcare professional treating you is capable and qualified to handle a severe medical emergency. Unfortunately, emergencies can create a hectic and chaotic environment. Under these conditions, some providers may not exercise the care or caution to treat your healthcare emergency reasonably.
When a doctor, medical practitioner, or healthcare facility fails to treat or provide care during a medical emergency, and you suffer harm because of their negligent actions, you may be eligible to pursue compensation. At Bullock Ward Mason, LLC, our sensitive and experienced medical malpractice attorneys can help you through the complicated legal framework governing medical malpractice cases. We also understand that you need more than solid legal advice during this challenging time. You need compassionate support.
Arrange a medical malpractice consultation today by calling our office at (833) 296-5291. At Bullock Ward Mason, LLC, we are ready to listen to you.
How a Medical Malpractice Attorney with Bullock Ward Mason, LLC Can Help
Proving medical malpractice gets complicated. Several factors contribute to building a compelling and strategic medical malpractice case to show that a healthcare practitioner failed to provide reasonable care during a medical emergency.
You do not have to pursue action against a medical provider alone. A skilled medical malpractice attorney with Bullock Ward Mason, LLC has the knowledge and resources to tackle the most complex emergency cases, allowing you to focus on your recovery. What can an attorney do for you during this difficult time? At Bullock Ward Mason, LLC, we are committed to helping you with the following:
- Investigating the circumstances of your situation
- Evaluating your legal options for recovering compensation
- Collecting crucial evidence and medical documentation
- Meeting all legal deadlines and obligations
- Creating a compelling legal strategy based on evidence
- Manage communication between you and other parties involved in the case
- Negotiate aggressively on your behalf for the money you deserve
- Prepare a medical malpractice case for trial
At Bullock Ward Mason, LLC, we understand the potentially catastrophic consequences of poor or inadequate emergency care. Our team is committed to helping you pursue justice and fair compensation for your financial losses.
Common Types of Medical Emergencies
You don’t plan medical emergencies. They just happen. When they do, you can only hope that the medical professionals available take your medical emergency seriously while exercising reasonable care and caution. Failing to treat emergency medical conditions with a reasonable standard of care can result in significant harm, medical complications, and potentially death. Some of the most common types of medical emergencies include:
- Heart attack
- Stroke
- Seizures
- Aneurysm
- Anaphylaxis
- Excessive bleeding
- Eye trauma
- Shortness of breath and breathing problems
- Burns
Common Mistakes in Emergency Rooms and Emergency Medical Situations
The statistics are shocking. Studies indicate that errors in health care are one of the leading causes of death and injury. Johns Hopkins University estimates more than 250,000 deaths annually in the United States result from medical errors.
There is no denying that emergency medical situations can be intense, stressful, and overwhelming. However, facilities and medical professionals must rise above stressful situations to deliver quality medical care to those in need. Failing to treat medical emergencies can cause chronic health complications and potentially life-ending consequences for patients.
How do errors and treatment failures happen during an emergency medical situation? These are some of the most common errors that can lead to emergency medical malpractice cases:
- Failure to recognize and treat an emergency medical condition
- Failure to communicate the nature of a medical emergency to staff
- Failure to properly evaluate and assess a patient’s condition
- Medication errors
- Diagnostic and laboratory errors
- Delays in providing medical treatment
- Failure to refer a patient for more specialized care
- Refusal to treat a patient for any reason
Getting a case before a judge and jury means the patient must prove gross negligence through clear and convincing evidence. Medical malpractice lawsuits involving emergency rooms are held to a higher standard than other medical malpractice cases, making emergency cases unique.
Compensation for a Failure to Treat a Medical Emergency Lawsuit
In many instances, you rely on the care immediately available and can only hope that care addresses your medical emergency. Suppose you suffered an injury or additional medical complications and harm because of inadequate care or the failure of medical professionals to offer emergency care. In that case, you may seek compensation for your financial losses.
While the value of a medical malpractice case varies depending on numerous factors, most patients can pursue compensation for economic and non-economic losses. In legal terms, economic damages compensate an injured individual for their specific financial losses. These losses can include:
- Current medical expenses
- Future medical expenses
- Lost wages
- Loss of earning capacity
Non-economic damages are harder to calculate because they are subjective. Non-economic damages typically seek to compensate a person for their quality-of-life changes, mental pain, and suffering. Examples of non-economic losses in a medical malpractice lawsuit can include:
- Emotional anguish
- Loss of enjoyment of life
- Loss of consortium
- Pain and suffering
How much money is your medical malpractice case ultimately worth? An experienced medical malpractice lawyer can review your unique situation and help calculate the value of your financial losses.
Statute of Limitations for Medical Malpractice Cases
Experiencing a medical emergency can be a life-changing event. It can take time for you to recover mentally and physically from the overwhelming nature of a medical emergency. Unfortunately, you don’t have unlimited time to decide whether to pursue legal action against a careless facility or healthcare provider. Some states give individuals two years from the incident date to file a medical malpractice lawsuit seeking compensation for their financial losses.
However, medical malpractice lawsuits can cause some confusion because laws also outline a statute of repose that specifically states, using Georgia as an example, that “In no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.” So, which is it? Do you have two years to file or five years to file a medical malpractice lawsuit?
The statute of repose enters the equation in cases where harm to a patient is not immediately apparent and symptoms take time to manifest. It can also apply in cases where medical malpractice causes a person’s death years after their initial emergency treatment error.
What happens if you delay and fail to file a case before the statute of limitations expires? Generally, cases filed after the legal deadline face dismissal by the court. If your case is dismissed, your options for recovering maximum compensation are limited.
To unravel the sometimes-complicated medical malpractice statute of limitations and maintain your right to file a medical malpractice lawsuit, you need a knowledgeable attorney in your corner. An attorney can manage strict legal deadlines for you, leaving you to focus entirely on your well-being and recovery.
Medical Malpractice Lawsuit Requirements
Having an attorney handle your medical malpractice case is vital because an attorney understands the complex legal requirements for filing a case against a medical facility or practitioner. Georgia law, for example, stipulates that all medical malpractice lawsuits include an affidavit from a qualified medical expert. An expert affidavit must include a sworn opinion from a medical provider outlining at least one negligent action present in your situation. This affidavit must include factual information or evidence substantiating the medical provider’s opinion.
As with failing to file your lawsuit before the statute of limitations expires, there are consequences to failing to include an expert affidavit. The court can dismiss your lawsuit if you do not include the affidavit with your lawsuit filing. Sometimes, the court may allow you to correct the error and re-file it, but it is not a chance you should take when compensation is on the line.
Contact a Skilled Medical Malpractice Attorney Today
In the middle of an emergency, it can be difficult to tell what’s going on. As you are recovering, you may start questioning your emergency treatment. If you suspect a facility or healthcare provider failed to treat your medical emergency, discuss your fears with an experienced medical malpractice attorney. At Bullock Ward Mason, LLC, we listen to what you have to say.
Contact our offices today by calling (833) 296-5291 for sensitive and honest legal advice. Our legal team wants to help you pursue the compensation you deserve. Let’s start by arranging a confidential legal consultation.
Bullock Ward Mason, LLC has attorneys in:
- Alabama
- Arkansas
- Florida
- Georgia
- Mississippi
- Illinois
- Texas
- New Mexico
- Washington