Why File for a Negligence Case?

We understand that losing a loved one is a difficult time in one’s life. Often times when our clients are experiencing this kind of grief it can be difficult to justify pursuing the case of medical negligence with the mindset that it will not bring your loved one(s) back. We understand that this decision is a highly personal choice. In an effort to provide some consolation, we have compiled a list of common reasons as to why people still pursue their medical negligence cases:

  • “I believe that serious attention to this problem is required because I am truly concerned that someone else will be needlessly hurt if we sit back and fail to sound the alarm about this dangerous medical provider, procedure or process.”
  • “My mom was the kind of person that would stand up and fight for what is right and I want to honor her memory and make sure that every question about her death is given a complete medical and legal answer because that is what she would have done for me under the circumstances.”
  • “This error was so egregious and beyond the pale that I simply could not rest if something were not done to correct it.”
  • “We think it is unfair for someone to so carelessly cause so much harm without any accountability.”
  • “We have tried and tried to get someone to talk to us about what happened and haven’t been able to get any information; we suspect a cover up”.
  • “The death cut down a man/woman in their prime and their family was relying on their income and support which is now lost forever.”

Whatever the motivation, the law does provide accountability for patients needlessly harmed by medical care providers that failed to meet the standard of care required.
Another rebuttal may be, “Why should I pursue a legal claim when there is no medical basis to think that the physical injury or disfigurement can be corrected (i.e., missing limb, burns, scars, circumcision errors and the like)?”

Skilled attorneys can work to place the consequences of the harm on those that caused it. When done correctly, this means that the person (or persons) that caused the harm will be bound to pay for the future medical care required, the loss of income and possibly the future psychological treatment as well as the time and expense of travel incurred to seek out remedial treatment. Absent a legal claim, it is often the injured alone who bear all of the consequences.

 

Consent Forms

A very common question that we get is in reference to consent forms. It’s reasonable to think, immediately, that because you signed one that you don’t have a case. However, the consent is to allowing the procedure to be performed; patients do not consent to medically negligent treatment. A review may be in order to determine whether the poor outcome results from professional negligence in contrast with those ordinary but unwelcome consequences that can occur even though everything was done right.

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