What You Should Know About the Five Most Common Causes of Medical Malpractice
A personal injury suffered by either you or your loved one can be due to various circumstances. Negligence can be found on the part of a business or corporation, one individual, or even on the part of a government entity. When this happens, you might want to consider pursuing a personal injury case, given that medical bills and time taken off work can cause major financial issues. A reputed personal injury lawyer such as Moseley Collins will fight for your rights and make sure that you are fairly compensated for your injuries.
The bulk of personal injury claims fall into five common types. Once you learn more about these categories, you can better prepare yourself to work with your personal injury attorney in seeking compensation for your injury.
Medical malpractice claims center upon a doctor or other healthcare provider acting negligently, which led to you becoming injured. There are many types of medical malpractice, ranging from surgical malpractice to the misdiagnosis of a heart attack. Many skilled personal injury lawyers have seen malpractice from various professions, but it is most common within the medical field.
To prove medical malpractice, a lawsuit must prove that the healthcare provider in question failed to provide you with reasonable and competent care. These laws can get complicated since different providers have their own unique standards of care. Medical circumstances also vary by case. That is why it is crucial you hire a personal injury lawyer to handle your claim.
Automobile Accident Injuries
In 2020 alone, there were 4.8 million medically consulted injuries from auto accidents within the United States. Some of them ended up becoming personal injury lawsuits. A collision resulting in a personal injury happens because one driver behaved recklessly, did not follow the rules of the road, or did not take the necessary precautions while operating a motor vehicle.
When this happens to you or your loved one, you have the right to file a personal injury suit against said driver. Types of accidents can include side-impact, hit and run, and rear-end accidents. Unfortunately, injuries can often be severe, such as traumatic brain injuries (TBIs), spinal cord injuries, and paralysis.
When you hear someone talking about a slip and fall accident, know that this is a type of premises liability. In other words, someone in charge of a location has left it unreasonably hazardous, which leads to people having serious accidents. This can happen while on the job, at a restaurant, or at a school. Types of dangers can include slippery floors, broken glass on the floor, or broken steps.
To prove a premises liability claim, you need to prove the presence of a dangerous condition and whether the property owner had prior knowledge of it. This is where things can get tricky if you do not have a personal injury lawyer representing you.
Wrongful death is a heavy term that carries a lot of grief and pain along with it. This means that someone you love has died as the result of someone else’s intentional or negligent acts. This can occur any time, anywhere, for almost any given reason. Auto accidents are a leading cause of wrongful deaths.
Wrongful death claims can be filed on behalf of the decedent’s surviving spouse, children, or any living relatives established as beneficiaries to the decedent’s estate. However, these laws and cases get complicated and stressful, so having a lawyer on hand can help you deal with the strain.
Product liability refers to the responsibility manufacturers and sellers have for their products. These laws hold that all products meet the consumer’s general safety expectations. Therefore, when a product is defective or dangerous in some way, it could potentially fail to meet such standards and lead to personal injury.
Product liability claims can include design defects, marketing defects (such as a failure to warn of hazards), manufacturing defects, and breach of warranty. Each type of product liability has certain criteria that must be met, so these laws can get somewhat confusing.
For example, regarding marketing defects, a manufacturer is not liable for failing to warn consumers of the obvious risk of a knife being sharp. You would have needed to suffer injuries due to a specific, undisclosed risk while using the product in the way it was intended.
Personal injury claims vary and have a lot of legal stipulations. They can be downright confusing and stressful, only adding more to the stress of your injury itself. You could be due compensation for it, but that can be hard to get without a compassionate personal injury lawyer advocating your case in a court of law.