If you believe you or a loved one may be a victim of medical malpractice, you may be entitled to compensation. Contact AVA Law Group today for your free, no-obligation consultation.
If you are from Montana or a traveler passing through and were injured due to medical neglect, you may be entitled to compensation. Talk to an AVA Law Expert today to understand all your options.
Undergoing any medical procedure often brings stress and anxiety to the patient. Americans trust our doctors and medical professionals to make health decisions for ourselves and our families. According to the Associated Press, "7 in 10 Americans say they trust doctors, nurses, and pharmacists." 1
Like most Americans, Montanans trust our medical professionals. We go to medical professionals when we feel sick and vulnerable. We entrust doctors and nurses to act in our best interests while they advise us and help us to make the best decisions for our families and us.
We expect medical professionals to live by the Hippocratic Oath to "do no harm," but sometimes, healthcare professionals fall extremely short of a reasonable standard of care.
Medical malpractice occurs when a medical or healthcare professional causes injury through negligence or omission.
When we come to our medical professional in pain or ill and desperate for help but leave in worse shape than we arrived, it's a betrayal of trust that runs deep.
You might be eligible for a medical malpractice claim if you suffered an injury due to medical neglect.
medical negligence
What is a Medical Malpractice Case?
According to the research, NPR reports that a "Johns Hopkins study estimates that more than 250,000 Americans die each year from medical errors." 2 That means that medical negligence is the third largest contributor to US deaths.
Still, when it comes to malpractice, it's important to remember that all medical treatments come with risks, and not all injuries are avoidable. Your healthcare team is obligated to discuss expectations before you undergo any procedure.
However, when complications occur due to a lack of quality care, you might have grounds for a medical malpractice suit.
Injury due to medical neglect
TYPES OF Medical Malpractice
According to the available data, 195,000 patients die in hospitals annually due to preventable mistakes. While the spectrum of medical malpractice varies, some common situations often fall under medical malpractice.
Failure to Diagnose
This form of medical malpractice occurs when a medical professional fails to diagnose a condition that later results in serious harm to the patient.
When a patient experiences, for example, a cardiac event, a stroke, or even the first stages of cancer, immediate treatment is critical to a patient's chances for recovery. When a physician fails to diagnose a serious condition, it dramatically affects the outcome of the patient's prognosis.
Surgical Errors
When surgeons make avoidable errors that cause serious complications, the patient has to live with the aftermath of their doctor's mistakes. Surgical errors can range from performing a surgical operation on the wrong patient to neglecting to care for the patient post-op.
Medication errors
While people have benefited from medicines for hundreds of years, prescribing the wrong kind of prescription or even the wrong doses can cause serious harm and irrevocable damage to a patient.
When we go to our medical and healthcare professionals for treatment, we walk into appointments with the expectation that our providers are competent healthcare workers who we can trust to prescribe the correct medication at the accurate dosage.
Failure to Inform
Most of us didn't go to medical school. Aside from what we've seen in medical dramas, most of us have no medical background.
We rely on our physicians and medical professionals to communicate all the risks or complications associated with a medical procedure or treatment plan. That way, we can make informed decisions about our healthcare.
Your provider must obtain informed consent. They are responsible for obtaining consent by giving patients facts about the procedure's risks, benefits, and any alternatives a patient might look into if desired.
If a medical professional does not disclose all pros and cons of a procedure and possible alternatives, then they have not obtained informed consent from the patient. At that point, the patient's healthcare team may be liable in a medical malpractice suit if an injury or complication occurs.
Mistakes in Other Medical / Healthcare Professions
Physicians aren't the only healthcare professionals responsible for medical malpractice. People working as dentists or orthodontists aren't immune to error. For example, a dentist might fail to diagnose or misdiagnose the early stages of oral cancer. Or, if a procedure requires anesthesia, a mistake in administering the medication can cause severe complications for a patient.
Other medical and healthcare professionals can also be held accountable for negligence. In fact, a medical malpractice suit can name any licensed healthcare provider, including nurses, therapists, technicians, and pharmacists.
OTHER TYPES OF MEDICAL MALPRACTICE INCLUDE (BUT ARE NOT LIMITED TO):
BIRTH INJURIES
FAILURE TO TREAT INFECTIONS
BEDSORES
BRAIN INJURIES
SPINAL CORD INJURIES
FAILURE TO PREVENT INFECTIONS
INCORRECT TREATMENT
Types of Medical Malpractice
According to the available data, 195,000 patients die in hospitals annually due to preventable mistakes.
While the spectrum of medical malpractice varies, some common situations often fall under medical malpractice.
Failure to Diagnose
This form of medical malpractice occurs when a medical professional fails to diagnose a condition that later results in serious harm to the patient.
When a patient experiences, for example, a cardiac event, a stroke, or even the first stages of cancer, immediate treatment is critical to a patient's chances for recovery. When a physician fails to diagnose a serious condition, it dramatically affects the outcome of the patient's prognosis.
Surgical Errors
When surgeons make avoidable errors that cause serious complications, the patient has to live with the aftermath of their doctor's mistakes.
Surgical errors can range from performing a surgical operation on the wrong patient to neglecting to care for the patient post-op.
Medication errors
While people have benefited from medicines for hundreds of years, prescribing the wrong kind of prescription or even the wrong doses can cause serious harm and irrevocable damage to a patient.
When we go to our medical and healthcare professionals for treatment, we walk into appointments with the expectation that our providers are competent healthcare workers who we can trust to prescribe the correct medication at the accurate dosage.
Failure to Inform
Most of us didn't go to medical school. Aside from what we've seen in medical dramas, most of us have no medical background. We rely on our physicians and medical professionals to communicate all the risks or complications associated with a medical procedure or treatment plan. That way, we can make informed decisions about our healthcare.
Your provider must obtain informed consent. They are responsible for obtaining consent by giving patients facts about the procedure's risks, benefits, and any alternatives a patient might look into if desired.
If a medical professional does not disclose all pros and cons of a procedure and possible alternatives, then they have not obtained informed consent from the patient. At that point, the patient's healthcare team may be liable in a medical malpractice suit if an injury or complication occurs.
Mistakes in Other Medical / Healthcare Professions
Physicians aren't the only healthcare professionals responsible for medical malpractice. People working as dentists or orthodontists aren't immune to error. For example, a dentist might fail to diagnose or misdiagnose the early stages of oral cancer. Or, if a procedure requires anesthesia, a mistake in administering the medication can cause severe complications for a patient.
Other medical and healthcare professionals can also be held accountable for negligence. In fact, a medical malpractice suit can name any licensed healthcare provider, including nurses, therapists, technicians, and pharmacists.
Other types of medical malpractice include (but are not limited to):
Birth Injuries
Failure to Treat Infections
Bedsores
Brain Injuries
Spinal Cord Injuries
Failure to Prevent Infections
Incorrect Treatment
MEDICAL MALPRACTICE
in The Big Sky State
Montanans are known for our strong values. Those of us who live, work, and play under the big sky have integrity. We consider ourselves good neighbors. When we make mistakes, we hold ourselves accountable and expect the same from our doctors, medical, and healthcare professionals.
In Montana, to prove medical malpractice, a victim has to prove
THAT A FORMAL DOCTOR-PATIENT RELATIONSHIP EXISTED
The doctor was negligent, and
the work or conduct performed did not meet the standard level of care
YOU WERE HARMED DIRECTLY AS A RESULT OF NEGLIGENCE.
In Montana, medical malpractice cases are notoriously complex and challenging to prove. Expert testimony is often required. Not to mention, in most cases, there is a three-year statute of limitation for medical malpractice claims in Montana.
Medical malpractice is a huge problem in this country. It's larger than anyone wants to admit. Change only happens when we start holding people accountable for mistakes made.
An experienced medical malpractice attorney can help you build a strong case and ensure you get the maximum compensation.
AVA Law Group is a Billings-based law firm with legal experts born and raised in Montana who specialize in advocacy.
We focus on the details of the legal system and aggressively fight for your rights. That way, you can forget the stress and focus on what really matters: healing.
If you are from Montana or a traveler passing through and were injured due to medical neglect, you may be entitled to compensation. Talk to an AVA Legal Expert today to understand all your options.
We provide a team of attorney, paralegals, and case managers to clients at no upfront cost.
AVA Law Group eliminates the confusion of filing a claim by working on your claim and, if necessary, connecting you with one our many partner firms that fits your needs and will get you the best results.
We’re available 24/7 to provide you with the information you need about case qualification.
Contact Us Today for your free, in-depth case evaluation
ATTORNEY ADVERTISEMENT: Not available in all states, Andrew Van Arsdale, supervising attorney is licensed only in California, District of Columbia, Montana, and Nevada, but associates with attorneys throughout the country, Principal Office: 2718 Montana Ave. Suite 220, Billings, Montana 59101. San Diego Office: 3667 Voltaire Street, San Diego, California 92106.
Consult a doctor on all medical decisions. Do not stop taking a prescribed medication without first consulting with your doctor. Discontinuing a prescribed medication without your doctor's advice can result in injury or death. No representation is made that the quality of the legal services performed is greater than the quality of the legal services performed by other lawyers. AVA Law Group, Inc. not accepting cases in states where this advertising conflicts with laws or state rules. Legal representation is not offered or available in Tennessee. While AVA Law Group, Inc. maintains joint responsibility, most cases are referred to other attorneys for principal responsibility.
