Omaha Medical Malpractice Attorneys
From a young age, we are taught to trust medical professionals with our health. We are told they can fix everything that ails us. We are confident they will make us feel better and heal us when we are hurt. Unfortunately, there are times when healthcare professionals are negligent and cause serious harm.
Medical Malpractice Services
Bottlinger Law L.L.C. provides compassionate legal assistance to those victims. We will go to work to get compensation for your medical care costs, your lost wages, and your pain and suffering. Call (402) 505-8234 to set up a free consultation with an Omaha personal injury lawyer today.
Medical malpractice occurs when a licensed medical professional causes harm to a patient due to a negligent act or lack of required action. Another competent professional in the same situation wouldn’t have taken the same action.
Negligence can occur during diagnosis, treatment, or aftercare. Here are some examples of medical malpractice that may be grounds for a lawsuit:
- Unnecessary surgery
- Failure to diagnose
- Labor and delivery errors
- Surgical error
- Wrong medication or dosage
- Poor follow-up care
- Failure to order tests
People who may be liable for medical malpractice are often: doctors, physician assistants, nurses, nurse practitioners, anesthesiologists, and more. Sometimes a hospital can be held responsible for bad decisions or administrative errors that harmed patients, such as a patient mix-up.
Medical malpractice may result in paralysis, brain injury, loss of a limb, or even death. Injuries sustained due to malpractice often need a lifetime of medical care.
When you are already facing expensive medical bills and physical pain because of medical negligence, the last thing you want to worry about is dealing with an aggressive hospital insurance company that will do everything it can to fight your claim.
If you or a loved one experience medical negligence or pediatric medical malpractice, having an Omaha injury attorney to stand up for your rights is absolutely essential. Medical insurance companies are powerful and well-organized. You need an experienced attorney on your side who can read medical records, talk to doctors, and level the playing field.
While most victims of medical malpractice will point to surgical errors, misdiagnoses, or birth injuries, prescriptions can also result in damaging, long-lasting medical conditions. Prescription medications are meant to be strictly regulated by the United States Food and Drug Administration (FDA) and should only be given out to patients if they fit specific criteria. When a doctor knowingly prescribes a medication that is not related to a patient’s condition and the medication leads to a serious injury, such as overdoses, allergic reactions, heart attacks, or strokes, they can be held liable for prescription malpractice.
Some medications may not even result in obvious injuries, such as in cases of opioid malpractice. Doctors may initially prescribe OxyContin or Vicodin to patients after a catastrophic injury or accident that results in chronic pain. While these medications are only supposed to be used to help with pain management, they are often overprescribed for unnecessary conditions, which can lead to addiction or overdoses.
Nursing home residents, specifically those dealing with dementia, are also at risk for medication abuse. Because of their medical conditions, it may be difficult for staff to handle them and they may have patients take anti-psychotics to make them more docile. This is a major issue in long-term care facilities and constitutes nursing home abuse. Federal regulations from the Centers for Medicare and Medicaid Services (CMS) have outlined strict guidelines for when anti-psychotics can be used, but nursing home facilities still utilize this medication in harmful ways to control patients.
In addition, pharmacists are also an important factor in these cases. If they misread a prescription or improperly fill a bottle of medicine with the wrong dosage or formula, patients could unwittingly ingest a dangerous chemical that can lead to injuries or death. Pharmacy errors can include incorrect medication, dosages that are too strong or too weak, allergic reactions, or conflicting medication. Pharmacists should always double-check prescriptions for strong medication and confirm with patients that fully understand the risks associated with it. When fail to do this, they become liable for any injuries or deaths that occur because of this negligence.
Not every injury sustained in a hospital can be considered medical malpractice, and not every instance of medical malpractice is worth pursuing. For example, a breach in the standard of care is bad, but if it doesn’t result in an injury, there is no case. Likewise, not all injuries or illnesses are caused by a physician’s negligence.
For medical malpractice claim to be viable, these three characteristics must be present:
- There was a standard of care violation: There are recognized standards of assessment and treatment in the medical field. In similar circumstances, the type of care provided by a competent healthcare professional should be the same. If a doctor breaches that standard of care, it is likely negligence.
- The patient’s injury was caused by negligence: Negligence on its own is not enough for a medical malpractice claim. The patient must have suffered a physical or mental injury due to the negligence. For example, a wrong diagnosis of cancer can cause anguish to an entire family and lead the family to make costly decisions based on the error.
- The injury caused damages: The patient must have incurred monetary costs because of the injury. A significant injury may cause disability, loss of income, pain and suffering, and high medical bills to treat.
Medical malpractice lawsuits are not easy and can be quite expensive, since they require testimony from medical experts. But Bottlinger Law L.L.C. understands the intricacies of medical malpractice claims and works with a team of professionals to prove your case, whether you suffered from anesthesia complications, birth injuries, or other serious injuries. From examining medical records to battling with insurance companies, we have the experience to help you through this process and make sure you receive fair compensation for the pain you have endured. Call (402) 505-8234 to discuss your case in a free consultation.
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