When we are admitted to a Nebraska hospital to go to our local doctor’s office, we trust our lives and safety in the hands of doctors, nurses, and other medical professionals. When a mistake is made at these facilities, lives are at risk. Unfortunately, medical errors and mistakes are made from time to time. It’s up to the healthcare industry as well as each individual institution to bring the possible margin for error down to an absolute minimum.
If you or someone you love has suffered from a mistake that was caused by a doctor’s, nurse’s, or other medical professional’s negligence, an Omaha medical malpractice lawyer can help your family file a medical negligence claim against that individual or institution. Doing so may give you the financial compensation you need to recover as well as send a message our healthcare industry can’t ignore. The health and safety of Nebraska citizens must be prioritized.
First, let’s go over some information you need to know about medical malpractice claims:
What is Medical Malpractice?
Medical malpractice occurs when a patient is injured, harmed, or otherwise caused to suffer by negligent or careless actions taken by a medical professional in a facility or institution. Medical malpractice claims are separate from criminal matters and act as a way for citizens to have a voice against injustices that are committed on a civil level. They’re categorized as civil claims.
Medical malpractice lawsuits are complex to fight in court. Hospitals and medical professionals tend to do everything in their power to avoid having to pay an innocent victim and their families for errors they were at fault for. A successful medical malpractice claim can cost a medical institution a great deal of money as well as their reputation. In the year 2012, for example, the U.S. paid out a grand total of $3.6 billion in medical malpractice claims.
Malpractice can happen at all levels of medical care. The following professionals may be able to be held responsible for malpractice:
- Physician/Nurse assistants
- Medical technicians like laboratory technicians or x-ray technicians
- Other medical professionals like therapists, condition specialists, etc.
To be defined as malpractice, medical negligence will need to be proven as well as the fact that the negligence directly or indirectly caused the injury. It will be need to be proven that a doctor, nurse, technician, or other medical professional failed their professional duty of care which they must follow.
Proving these points will be the most difficult step when filing a medical malpractice claim in Nebraska. You will need the help of an experienced attorney as well as many professionals as possible who can provide expert testimony on behalf of your claim.
This is why it’s imperative that you have an experienced and qualified medical malpractice lawyer on your side when you’re thinking about filing a claim. Don’t take a chance with a lawyer you don’t trust.
The Different Forms of Medical Malpractice
There are numerous different forms of medical malpractice. Here are some of the most common types:
- Misdiagnosis, delayed diagnosis, or a failure to diagnose – This type of medical negligence happens when a doctor or technician makes a mistake and incorrectly diagnoses a patient,
delays a diagnoses for too long, or fails to diagnose a condition completely. For this type of malpractice to occur, the patient must have suffered from negative consequences from the missed/delayed diagnosis.
- Failure to gain informed consent – All medical procedures and treatment options, etc. must be approved by the patient before they are administered. Examples of failure to gain approval include surgical procedures that cause injury and are done without consent (while a patient is being operated on for a different reason, for example), or medication that’s administered without consent and causes harm.
- Failure to provide appropriate or adequate treatment for a medical condition – Many examples of malpractice can fit into this category and include cases where a patient is ignored and suffers as a result or given the wrong treatment and suffers.
- Medication errors – When a patient is given the incorrect medication or they receive a prescription label that is incorrect, they may medically suffer due to harmful side effects or reactions with other medication.
- Surgical errors – When a surgeon operates on the wrong limb or makes a critical mistake like leaving operating tools/sponges inside the patient, this can lead to devastating health consequences.
- Anesthesia mistakes – Anesthesiologists must be present at all surgeries to ensure the patient handles anesthesia well and is not given too much or too little. If they are negligent during an operation, a mistake may happen.
- Birth injuries – Birth injuries, while rare, sometimes occur when a hospital staff member or nurse makes a mistake when taking care of an expecting mother before, during, or after childbirth. Oftentimes these mistakes are tied to a failure to properly monitor the baby or mother or caused by improper use of tools, techniques, etc.
Get Help from an Omaha Medical Malpractice Lawyer
Many of the hospitals and doctor’s offices in Nebraska may be understaffed, but that doesn’t mean our healthcare should come with the risk of deadly mistakes. If you or a loved one has been injured or has suffered due to mistakes that were caused in one of our state’s healthcare institutions or facilities, you may be eligible to file a medical malpractice claim.
Doing so can award your family with compensation (often referred to as “damages”). This compensation may be able to be used for recovery costs, loss of wage costs, continued home care costs, therapy costs, pain and suffering costs, and more.
At Welsh & Welsh, we can pair you with a trusted Omaha medical malpractice lawyer who can fight on your behalf and do everything possible to make sure the hospital or medical professional doesn’t harm anyone else ever again. Sometimes, unfortunately, the only way to force change is through a lawsuit. To learn more, contact our office today.