Most people have heard the term “medical malpractice” but they do not realize just how commonly it occurs. When you visit a hospital, medical center, or doctor’s office, you trust the medical professionals working there will take the proper care to keep you safe. Unfortunately, healthcare professionals are not immune to making mistakes and when they do, it results in some of the most serious injuries.
If you or someone you love has been hurt by a healthcare professional, you can file a claim against them to recover compensation for your added medical expenses and more. Medical malpractice cases, though, are extremely complex. They require an intricate knowledge of medicine and the law, and there are many rules that govern these claims. Our New Hampshire medical malpractice lawyer can help you overcome any obstacle that arises.
What is Medical Malpractice?
Again, although many people have heard of medical malpractice, it is not always easy to understand exactly what it entails. In order to successfully claim compensation, injured individuals must show that a healthcare professional was negligent, or careless and that they sustained an injury as a result. Proving negligence is always difficult in any personal injury case. In medical malpractice cases, though, it becomes even more challenging.
Doctors and other healthcare professionals are not liable for every unsuccessful result. Doctors often have to take a trial and error approach when treating patients. After listening to the patient’s symptoms, a doctor may suspect the patient is suffering from one condition and recommend a course of treatment or further testing. If the treatment does not work or test results are returned as negative or inconclusive, the doctor will try another course of treatment. Even though a patient may become slightly worse during this time, it does not necessarily mean the doctor is liable for paying damages.
To determine if a healthcare professional acted negligently, it must be determined if another medical expert in the same field would have acted differently. If another healthcare professional would not have acted in the same way, the defendant can be considered negligent and liable for paying damages.
Types of Medical Malpractice Cases
Sadly, there are a number of ways medical malpractice can occur. Some of the most common include:
- Medication errors, such as wrong prescription, wrong dosage, or improper administration
- Emergency room errors, including delayed treatment or diagnosis or failing to obtain a patient’s full medical history
- Surgical errors, including leaving foreign objects in a patient, performing surgery on the wrong body part, and performing the wrong procedure on the wrong patient
- Diagnosis errors, including missed diagnosis or a delayed diagnosis
- Birth injuries, including cerebral palsy, shoulder dystocia, and head injuries due to birth assisting devices such as forceps
- Anesthesia errors, including failing to monitor a patient’s vital signs or administering too much or too little of a medication
The above are just a few types of medical malpractice that can occur. Regardless of how you were hurt, you need a New Hampshire medical malpractice lawyer to represent you and provide the sound advice you need.
The Statute of Limitations in Medical Malpractice Claims in New Hampshire
Like the vast majority of personal injury cases in New Hampshire, those involving medical malpractice have a three-year time limit. This is known as the statute of limitations and if you do not file your claim within three years of sustaining an injury, you will likely lose your right to claim any compensation at all.
There is one exception to the statute of limitations and that is known as the discovery rule. Under this rule, you have three years from the date you discovered your injury to file your injury. For example, you may have a back injury that requires surgery. During the operation, a sponge was left inside your body but you do not realize it right away. Over the following days and weeks, your pain becomes increasingly worse and you start to notice signs, such as streaking around the incision site. Only after an X-ray is ordered do you learn of the foreign object.
In the above scenario, you could file a claim against the negligent healthcare team that caused you additional injury. You would have three years from the date of the X-ray to file your claim because that is when you learned of your injury.
Our Medical Malpractice Lawyer in New Hampshire Can Handle Every Aspect of Your Claim
At Sabbeth Law, our New Hampshire medical malpractice lawyer knows the harm medical negligence causes. If you have been hurt, we will handle every aspect of your claim including conducting an investigation to determine and prove liability and making sure your claim is filed on time so you recover the full settlement that is justly yours. Call us now or contact us online to schedule a free consultation.
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”
“Immediately after my son’s injury at work, he was treated poorly. Over the course of the next few days it became even worse, so I called Mike and he and Crystal have been absolute lifesavers during the process. Mike is not your typical stuffed suit lawyer who only cares about the bottom line he genuinely cares about his clients and his assistant Crystal is beyond amazing! My thanks to you both!”LUKE PARMENTER
“I could never ask for a better attorney, to fight for me, to believe in me, and have faith in me, than what I found in Mike Sabbeth, He doesn’t treat you like a client, he treats you as if you are one of his own family members, He will fight for you, with all he has, and is ALWAYS up front and honest with you about everything!”SANDRA DRUGE