Gulfport Medical Malpractice Lawyer

Before someone becomes a fully certified practicing physician, they will go through 11-12 years of medical school and residency. During the residency phase, they can administer care under the supervision of licensed physicians. Once the resident becomes licensed, they must renew that license each year. Each licensee must attest to their continuing medical education and be free of complaints.

The entire licensing process for medical professionals falls under the purview of the Mississippi State Board of Medical Licensure. This is how they explain their mission: “The Board’s primary objective is to ensure the protection of the health, safety, and welfare of Mississippians through implementation and enforcement of laws involving the licensing and regulation of physicians, podiatrists, physician assistants, radiology assistants and acupuncturists and through the objective enforcement of the Mississippi Medical Practice Act.”

The board plays an important role in ensuring that medical professionals provide each patient with a standard of care.

What happens if a healthcare provider fails in their responsibilities and their negligence causes harm? That is when a Gulfport medical malpractice lawyer steps in to help the injured party receive the compensation they are due from their losses.

The attorneys on call at Owen, Owen & Smith, PLLC, understand the complicated nature of medical malpractice cases. We can provide you with the guidance you need to make an informed decision about how you should pursue an insurance claim or litigation against the medical professional who wronged you and your family.

The irony of a medical malpractice case is that you need to put your trust in a new doctor to help you recover from the harm caused by your previous doctor. It is essential that you seek out that care. The documentation will ultimately become important evidence in your medical malpractice claim.

There are four key parties involved in any claim of this type. Those are the following:

• The plaintiff (you or your family) who has been harmed.
• The at-fault healthcare professional or entity that caused your harm.
• The insurance company that represents the at-fault party.
• Your Gulfport medical malpractice lawyer.

Before filing a medical malpractice claim, you and your attorney must sign up a consultation certificate. As explained in Mississippi law,

“Any action against a licensed physician, health care provider or health care practitioner for injuries or wrongful death arising out of the course of medical, surgical or other professional services where expert testimony is otherwise required by law, the complaint shall be accompanied by a certificate executed by the attorney for the plaintiff declaring that The attorney has reviewed the facts of the case and has consulted with at least one expert qualified pursuant to the Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence who is qualified to give expert testimony as to standard of care or negligence and who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action, and that the attorney has concluded on the basis of such review and consultation that there is a reasonable basis for the commencement of such action.”

This means you need an independent medical practitioner to support your negligence claim and the harm it caused. That certificate will not be the case’s final resolution and will most likely be contested by the at-fault party’s insurance carrier. However, it serves as an essential foundation for your claim that you and your attorney will expand on with all the evidence subsequently presented.

A healthcare provider has a moral and legal obligation to provide a standard of care. This does not mean they can be held accountable for healing every ailment. There are many diseases that a physician can only manage as opposed to cure completely.

However, there are several ways that negligence by a medical professional can cause harm. Which of the following would best describe your situation?

Misdiagnosis or Delayed Diagnosis

Data collected by Johns Hopkins Medicine finds that 795,000 Americans suffer from serious harm from diagnostic errors each year. A misdiagnosis can cause harm if the physician fails to recognize the clinical signs and symptoms of an ailment or injury. Additionally, harm could occur if the physician fails to order recommended medical testing or refer their patient to an appropriate specialist. There might also be errors with mislabeled lab and test results or data evaluation.

Failure to Treat

A doctor can accept a patient at a medical practice, urgent care facility, or emergency room. Once accepted, that doctor is required to provide reasonable care. If the doctor releases the patient too soon from the hospital, fails to provide instructions for follow-up care, or doesn’t order the appropriate medical tests, they could be held accountable for failing to treat that patient. There could also be a failure to treat due to ignoring a patient’s medical history when prescribing medicine or treatment.

Prescription Drug Errors

When a doctor or pharmacist makes a mistake with a prescription, it can cause anything from a mild allergic reaction to a loss of life. These errors can mean prescribing the wrong medication or an incorrect dosage or not taking into account the relevant side effects.

Surgical or Procedural Errors

Surgery can be considered elective or emergency. In either scenario, an entire team is dedicated to ensuring the patient gets through the procedure as expected. At the head of that team is the surgeon, who directs all the action. Unfortunately, human error is always possible in any surgical procedure, from the complex to the outpatient.

Here are some of the most common surgical or procedural mistakes:

• Performing on the wrong part of the body.
• Performing surgery on the wrong patient.
• Tools, gauze, or other medical devices are left inside the patient.
• Adverse side effects or complications to anesthesia.
• Failure to follow accepted medical practices before, during, and after surgery.

Doctors, nurses, and other healthcare professionals are required to communicate vital information to patients to ensure they understand the expected outcome and potential risks.

Childbirth Injuries

Parents who are expecting a child are naturally anxious. As with a surgical team, many professionals are on the birthing team. Although rare, injuries can occur before, during, or after childbirth and can be caused by the following:

• Substandard prenatal care.
• Improper use of forceps
• Excessive force used when removing a baby from the birth canal.
• Failure to diagnose fetal distress.
• Failure to perform a necessary emergency C-section.
• Mishandling a baby during or after birth.

Filing a medical malpractice claim can be emotionally challenging because you’re accusing someone you put your trust in of harming you. Although you might forgive that person, you can’t excuse them when there are financial losses. Your Gulfport medical malpractice lawyer can pursue the following damages on your behalf:

Economic

Economic damages cover all the out-of-pocket expenses for doctor exams, procedures to correct the mistakes, prescriptions, and any needed rehabilitation. Additional medical expenses include hospitalization, medical supplies, and special transportation. If the injury also caused you to miss out on more time from work, you can also be reimbursed for your lost wages.

Noneconomic

Noneconomic damages include the prolonged pain and suffering associated with the malpractice claim. In addition to the physical pain, there is also the emotional trauma that can be part of your injury. You can experience stress, anxiety, and depression. That can all contribute to a loss of your enjoyment of life. That is also compensable.

In a severe medical malpractice incident that relates to a wrongful death, the surviving family members are entitled to damages that also include funeral expenses, loss of companionship, and future earnings.

All of these damage amounts need to be carefully assessed and calculated. You can’t go back and ask for more once a settlement offer has been accepted. The caps on noneconomic damage also need to be factored into your final amount.

Mississippi’s cap is set at $500,000 for a medical malpractice claim. Although you might feel as though the pain and anguish you’ve suffered entitles you to a larger amount, you can only argue for that maximum amount.