Medical Malpractice

Many of us blindly rely on the expertise of doctors and other health care providers to heal us when we’re hurt or sick, and typically, we recover smoothly. However, medical professionals are human, just like anyone else, and sometimes they make mistakes and act in ways that are not in their patients’ best interest. When patients are harmed due to negligent care, we help hold medical professionals accountable. 

Common Types of Medical Malpractice 

  • Misdiagnosis
  • Improper treatment
  • Anesthesia errors
  • Surgical mistakes
  • Prescribing incorrect medications or dosages 
  • Childbirth injuries
  • Failure to disclose known risks and side effects 

Verifying the Validity of a Claim 

Though you may have experienced one of the unfortunate circumstances mentioned above, there are other factors to consider before making a claim. Here are a few of the things we will look at when evaluating your case.

Does a concrete relationship exist between you and your doctor or hospital? 

While this may seem like a simple question, the answer can be unclear if the malpractice occurred under the care of a consulting physician, rather than the original doctor hired. Similarly, hospitals often work with doctors who are independent contractors, which prevents the hospital itself from being liable for any potential wrongdoing. 

Did your doctor make the best possible decision with the information they had? 

If so, you may not have a solid claim. Still, if you can show that other doctors would have acted more appropriately, you may be able to prove that your physician was negligent. 

Did your doctor’s negligence actually cause an injury? 

Unfortunately, it may be hard to prove that your provider acted irresponsibly simply because they did not cure your ailment or provide the level of care you hoped for. However, if your doctor’s treatment caused a new injury, there could be clear grounds for a malpractice suit. 

Did the negligence lead to specific damages? 

An oversight in and of itself may not be enough to file a claim, but an error that leads to physical pain, increased medical bills, or lost wages from work should be analyzed by a trusted attorney.

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Laws & Limitations You Should Know 

Think you might have a case for a personal injury lawsuit? Let’s discuss a few additional details you should be aware of. First and foremost, it is important to understand that you typically only have two years to file a claim, though there are a number of unique exceptions to the two-year deadline. Furthermore, you should know that there is a $250,000 cap on noneconomic damages, such as your pain and suffering, in Idaho personal injury cases. Additionally, you must have an expert witness (someone who has extensive experience in the same field as your physician) submit a certificate of merit proving that your claim is valid. 

Because the regulations around personal injury claims can present so many gray areas, it is recommended that you have your case examined by an experienced medical malpractice attorney. Our firm has personally been representing victims of medical malpractice for over 15 years, and we’d be happy to provide you with a free case evaluation. Furthermore, all of our personal injury cases are worked on a contingency fee basis, which means you will not be billed unless we recover money on your behalf. 

Medical Malpractice Firm
Serving the Greater Boise Area

It has been shown that if a physician stays in practice for more than 20 years, it is highly likely that they will face a medical malpractice claim of some sort during their career. For this reason, doctors, surgeons, dentists, therapists, and other medical professionals generally carry medical malpractice insurance. By filing a claim, you are simply taking advantage of a safeguard they likely enforced years ago. Furthermore, by holding your physician accountable for their actions, you may prevent other unsuspecting patients from being subject to the same fate. Contact our office today to schedule a free case evaluation and learn more about the claims process.