Step-by-Step Guide for Medical Negligence Claims

Posted By Paulson Coletti Trial Attorneys PC || 31-Mar-2016

Gavel & Stethoscope Have you ever wondered how a medical malpractice claim worked and how to file? Were you injured because of a negligent doctor and now you need to take legal action? At Paulson Coletti, we believe that individuals who have been injured as a result of medical negligence should be able to hold the medical professional or facility accountable for any damages sustained. Our Portland medical malpractice attorneys are dedicated to making sure your rights are protected in a medical malpractice claim.

Understanding What Constitutes as Medical Malpractice

Before someone can take action to file a medical malpractice claim, they must understand what exactly constitutes as negligence. This means knowing what actions must take place that can cause serious injury to a patient. Medical malpractice claims can arise from a number of circumstances and from a number of liable parties.

Medical malpractice claims often involve situations such as:

  • Surgery performed on the wrong person
  • Surgery performed on the wrong body part
  • Foreign objects left inside a patient
  • Anesthesia errors
  • Medication errors
  • Missed diagnosis or misdiagnosis

Who is Liable?

When bringing forth a medical malpractice claim, you must know who the responsible party is and against whom you can take legal action. This all depends on the situation as a number of parties may be liable, including the doctor or physician, anesthesiologists, or even people who were not directly involved with the patient. In situations where the facility owners may be held accountable, it may be because the doctor wasn’t properly vetted before hiring. Perhaps the hospital hired a doctor who faked credentials or who has been disciplined in the past. This could leave the hospital vulnerable for a lawsuit.

The Burden of Proof

In order to successfully file a medical malpractice claim, the patient has the burden of proof to show that the injuries or damages they sustained were a direct result of negligence on behalf of the medical professional. In anesthesia error cases, the patient may have to prove that the anesthesiologist either administered too much anesthesia, failed to look for allergies, or didn’t supply enough anesthesia and injury ensued.

If you or someone you love was injured or harmed as a result of medical negligence, you deserve to know what your rights are and how to file a claim. Our firm stands by the side of injury victims who need help resolving the serious issues concerning medical malpractice claims. We know what needs to be shown and how to help our clients win. Call us today to discuss your potential claim with our firm.

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Categories: Medical Malpractice