Blog

When medical professionals fail to provide the standard of care you deserve, the consequences can be life-altering. At Brown, Bass & Jeter, we offer compassionate medical malpractice representation to those affected by healthcare negligence. Our team is dedicated to holding medical providers accountable for their mistakes and securing justice for victims. If you’ve been harmed by a medical error, call us at (601) 327-4024 for a free consultation, and let us guide you through every step of the legal process.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider’s actions or inactions fall below the accepted standard of care and result in harm or injury to a patient. The “standard of care” refers to the level of care a reasonably competent healthcare professional would provide in similar circumstances. Healthcare providers, including doctors, nurses, and hospitals, are expected to act with a certain level of competence. When they fail to do so and it leads to harm, a medical malpractice case may arise.

However, not all medical errors qualify as malpractice. In order to pursue a legal claim, you must prove that the healthcare provider’s actions directly caused harm that otherwise would have been avoided with proper care.

Elements of a Valid Medical Malpractice Claim

To have a valid medical malpractice claim in Meridian, certain key elements must be established. These include proving that the healthcare provider had a duty of care, breached that duty, caused harm through their actions, and that harm resulted in actual damages.

1. Doctor-Patient Relationship

A valid medical malpractice claim starts with the establishment of a doctor-patient relationship. This relationship is critical because it forms the basis of the healthcare provider’s duty of care. If you sought medical attention from a healthcare provider—whether for a diagnosis, treatment, or surgery—a doctor-patient relationship exists. However, a claim cannot be based on advice or guidance received outside of this relationship, such as from a friend who happens to be a medical professional.

2. Breach of the Standard of Care

The next element involves showing that the healthcare provider did not meet the standard of care. The standard of care is the level of care that a competent medical professional would provide under similar circumstances. To demonstrate this breach, it may be necessary to present expert testimony from a medical professional who can testify that the healthcare provider’s actions fell short of the acceptable standards.

For example, a surgeon who operates on the wrong body part or a doctor who prescribes the wrong medication would clearly breach the standard of care. In more complex cases, the breach may not be immediately obvious and would require professional analysis.

3. Causation of Injury

For a medical malpractice claim to be valid, you must prove that the healthcare provider’s breach directly caused your injury. If you received substandard care but it did not result in harm, there may be no claim. However, if the provider’s actions led to complications, worsened conditions, or unnecessary procedures, these could be seen as the direct cause of your injury.

Proving causation can be challenging in some cases, particularly when other factors are involved. That’s why expert witnesses often play a critical role in explaining how a healthcare provider’s failure to follow proper procedures directly led to your injury or worsened your condition.

4. Actual Injury or Harm

To pursue a medical malpractice claim, you must show that you suffered some form of injury or harm as a result of the healthcare provider’s negligence. This harm could be physical, emotional, or financial. For example, if a misdiagnosis leads to an incorrect course of treatment and you suffer additional health complications, you may be entitled to compensation for your injuries.

If the mistake caused unnecessary suffering, prolonged recovery, or even disability, those are all tangible forms of harm that could make your case valid. In certain instances, harm may not be immediately visible but could become evident over time as your condition worsens or complications arise from improper treatment.

Common Types of Medical Malpractice in Meridian

Understanding the most common types of medical malpractice can help you assess whether your situation warrants legal action. Here are a few examples:

• Misdiagnosis or Delayed Diagnosis: If a doctor fails to diagnose a condition, or diagnoses it incorrectly, this can delay proper treatment and make conditions worse. Examples include cancer diagnoses missed by doctors, which can result in late-stage treatment when the disease has spread.
  
• Surgical Errors: Surgical errors are serious and often permanent. Examples include performing surgery on the wrong body part, leaving surgical instruments behind, or operating without proper patient consent.
  
• Medication Mistakes: Administering the wrong medication or dosage can have severe consequences. Healthcare providers are responsible for ensuring that the medications they prescribe or administer are correct and safe for the patient.
  
• Birth Injuries: Medical errors during labor and delivery can lead to permanent injury to the newborn or mother. Examples include improper use of forceps or failing to act quickly when signs of fetal distress appear.
  
• Anesthesia Errors: Mistakes made during the administration of anesthesia can result in severe complications, including brain damage, respiratory failure, and even death.

Determining If You Have a Valid Medical Malpractice Claim

If you suspect that you have been harmed due to a medical mistake, here’s what you can do to determine if you have a valid claim:

1. Consult with a Medical Malpractice Attorney

An experienced medical malpractice lawyer can evaluate the facts of your case, examine your medical records, and help determine whether you have a valid claim. They can also assist with connecting you to medical experts who can provide testimony about the breach of care.

2. Examine Your Medical Records

Your medical records will provide valuable insight into your diagnosis, treatment, and any errors that may have occurred. Reviewing these documents with the help of an attorney can reveal discrepancies that might indicate negligence.

3. Seek a Second Opinion

In some cases, seeking a second opinion from another healthcare provider can confirm whether your initial diagnosis or treatment plan was correct. This second opinion can serve as vital evidence in your claim.

4. Understand the Statute of Limitations

In Mississippi, you generally have three years from the date of the injury or the discovery of the injury to file a medical malpractice lawsuit. There are some exceptions, so it’s important to consult with an attorney as soon as possible to avoid missing your opportunity to file a claim.

Fight for Your Rights with a Medical Malpractice Lawyer

If you or a loved one has been impacted by a medical mistake, you don’t have to face the legal challenges alone. Brown, Bass & Jeter is here to provide the support needed to navigate the complexities of medical malpractice cases in Meridian. Our team of attorneys will work tirelessly to secure the compensation you deserve for your pain, suffering, and losses. Reach out to us today at (601) 327-4024 for a free consultation and let us help you take the first step toward justice.