Medical professionals are trusted to provide competent care, and most healthcare providers work hard to meet those responsibilities. However, mistakes can and do happen. When a preventable medical error causes injury, illness, or death, the consequences can affect every aspect of a person’s life.
Medical malpractice law exists to protect patients harmed by negligent medical care. When a medical provider’s carelessness or recklessness leads to an injury, it is important to understand your rights. Below, our medical malpractice attorneys explain the rights every victim enjoys.
The Right to Competent Medical Care
Every patient has the right to receive treatment that meets the accepted standard of care. In these cases, the standard of care refers to the level of treatment that a reasonably competent healthcare provider would provide under similar circumstances. This does not mean healthcare providers must guarantee perfect results. Medicine involves risks, and bad outcomes can happen even when a doctor or nurse does their best.
The Right to Obtain Medical Records
Medical records often become one of the most important pieces of evidence in a malpractice case. Patients have the right to access records related to their treatment, including physician notes, test results, imaging studies, medication records, and discharge instructions.
Not only do patients have the right to these records, but it is a good idea to obtain them as early as possible in order to provide them to their attorney.
The Right to Seek a Second Medical Opinion
When concerns arise about medical care, patients have the right to seek another professional opinion. A second opinion can help determine whether the original provider overlooked important information or failed to recommend appropriate treatment. In many malpractice cases, patients first become aware of potential negligence after consulting a different physician.
The Right to Pursue Compensation
Victims of medical malpractice may have the right to pursue financial compensation for losses caused by negligent care. The purpose of compensation is not to punish providers but to help address the harm caused by the error. These damages can include everything from medical expenses to lost wages caused by the medical injury. Patients also have the right to seek an award based on the physical and emotional pain that comes with a medical injury.
The Right to Hold Healthcare Providers Accountable
Medical malpractice claims serve an important role beyond compensation, as they are an opportunity to hold careless medical providers accountable. When healthcare professionals fail to follow the standards expected of them, a lawsuit can help identify the dangerous practices or lack of oversight that led to the mistake. It is common for victims to pursue legal action to protect others from suffering the same outcome they experienced.
The Right to Have the Case Evaluated by Medical Experts
Medical malpractice claims are different from many other types of injury cases because they rely heavily on expert analysis. Patients have the right to have qualified medical professionals review the facts and determine whether negligence occurred. These expert opinions often form the foundation of a malpractice claim and help courts understand complex medical issues.
The Right to Legal Representation
Arguably, the most important right a victim of medical malpractice has relates to hiring an attorney. Patients are entitled to hire legal representation to guide them through every stage of the medical malpractice claims process. An experienced malpractice attorney can investigate the claim, gather records, consult experts, and manage communications with the other side.
The Right to Refuse Inadequate Settlement Offers
It is common for insurance companies to aggressively try to resolve these claims early on in the process, and this usually involves unreasonably low settlement offers. Patients need to remember that they have the right to reject an offer if they think it is unfair.
Determining whether a settlement is fair requires a careful evaluation of the case, from reviewing medical records to assessing how this mistake impacted the victim’s life. It is always a good idea to discuss a settlement offer with an attorney before accepting.
Nurenberg Paris Is Here to Help
At Nurenberg Paris, our team understands the stress and worry that can come with a medical mistake. If you are trying to understand your legal options, now is the right time to talk with our Cleveland medical malpractice lawyers.
Our firm has a long track record of success in holding negligent medical providers accountable after their patients are harmed. Contact us as soon as possible for a free consultation.
