Jackson, MS Medical Malpractice Attorneys
Premier-Quality Representation for Victims of Medical Negligence in Mississippi
A trip to the hospital or other medical facility is rarely fun, but when you receive treatment from a healthcare provider that falls below the standard of reasonable and expected care, and you suffer an injury as a result, you may be able to take legal action.
Instances of negligence in the medical field are referred to as medical malpractice and may offer an opportunity for an injured patient to recover fair compensation for his or her medical expenses, lost wages, emotional trauma, and much more – from the responsible party.
At ‘Maggio | Thompson, LLP, we are passionate about holding negligent doctors, surgeons, nurses, and medical facilities accountable for their negligent and wrongful conduct. These are complicated and technical cases, but we have the knowledge and resources to build clear, strong cases on behalf of injured patients. We serve injured patients in Jackson and across Mississippi.
What Are Some Examples of Medical Malpractice?
The broad definition of medical malpractice is any failure to provide standard care in the diagnosis or treatment of a patient. It can take on many specific forms and may involve various professionals or organizations within the medical industry.
Our Jackson medical malpractice lawyers take on cases involving:
- Birth injuries and cerebral palsy
- Failure to diagnose illnesses and injuries
- Amputation Injury
- Medication errors
- Surgical errors and negligence
- Anesthesia errors
- Hospital-acquired infections
- Dental errors and malpractice
- Emergency room mistakes
- Nursing malpractice
- Radiology errors
Medical Standard of Care
In any medical malpractice case, the medical standard of care must have been breached by the doctor or healthcare professional. By the medical standard of care, this means the level of care that would reasonably be expected in this particular situation from a physician or healthcare professional with a similar level of training and experience. Common examples of medical malpractice cases involve a surgeon operating on a wrong body part, a nurse dispensing the wrong type of medication, or a doctor failing to diagnose a condition such as cancer or other disease that another doctor would have discovered under similar circumstances.
Since medical malpractice suits that appear to be open and shut are not necessarily always won by the plaintiff, it’s critical to have expert testimony on your side in these cases. This begins by the patient consulting with doctors who have expertise in the area relevant to the patient’s health issue, where the doctor examines medical records and other information pertaining to the case.
Along with this, they may also speak with other doctors to get their opinions, and in some instances speak with other healthcare professionals who worked on the patient’s case. If the doctor believes malpractice happened, they report their findings to the patient, and in most cases the patient then hires the services of an experienced and knowledgeable medical malpractice attorney, such as those at ‘Maggio | Thompson, LLP.
Lack of Informed Consent
While most people believe all medical malpractice suits involve procedures that result in physical harm to a patient, there are other cases that are quite different. One of the most common involves medical malpractice suits brought due to what is known as a lack of informed consent, meaning the doctor failed to obtain the person’s consent prior to administering treatment.
For example, if a doctor recommends surgery to a patient but fails to disclose the procedure carries a high risk of heart failure, they could be held liable for malpractice. This would apply even if another doctor recommended the same surgery, but the difference would be that the other doctor provided full disclosure of the potential risks. While proving medical malpractice may be difficult in some situations, it’s crucial that anyone who believes this may have happened to them consult experts in the medical and legal fields who can help them make the best decisions.
Compensation for Medical Malpractice in Mississippi
Victims of medical malpractice may be eligible to recover compensation for both economic and non-economic damages. In simple terms, this means that you may recover compensation for both the quantifiable losses related to your injuries as well as other types harm that are more difficult to assign a direct dollar value to, such as pain and suffering.
- Economic damages may include things like present and future medical expenses, lost wages and other income, prescription drug costs, and the cost of home modifications to accommodate an injury-related disability.
- Non-economic damages for medical malpractice claims may include physical and emotional pain and suffering, loss of enjoyment of life, permanent disfigurement or scarring, and loss of personal relationships.
Mississippi has a $500,000 cap on non-economic damages in medical malpractice lawsuits (Mississippi Code section 11-1-60), though economic damages do not have a limit. Every case is different, therefore the best way to estimate the value of a medical malpractice case is to discuss your situation with a skilled attorney.
Mississippi's Medical Malpractice Statute of Limitations
In Mississippi, you generally have two years from the date of the negligent act or omission to pursue a medical malpractice claim against the doctor or medical provider. In situations where you did not know about your injury immediately, such as in the case of wrongful diagnosis, you will typically have two years from the date of discovery to take action. If you do not file a claim before the statute of limitations period expires, you will essentially lose your right to sue and will be unable to recover compensation for your injuries.
Considerable time and resources must go into a medical malpractice claim before a lawsuit is ever filed, such as gathering and reviewing medical records, consulting with expert witnesses, and satisfying certain notice requirements. For this reason, it is important you act quickly and get an attorney involved in your claim as soon as possible to ensure your rights are protected.
Call Us Today for a Free Consultation
In order to better understand your case, we need to identify who was involved, where the malpractice occurred, and why. In many cases, more than one individual is responsible. We will take a hands-on approach to find answers to these questions and will keep you involved every step of the way.
If we take on your medical malpractice case, we promise to:
- Carefully and thoroughly review your medical records
- Consult with experts to build a strong foundation for your case
- Investigate the scene, medical records, and witnesses
Medical malpractice is something that no one should have to endure. When it occurs, you need attorneys who will be in your corner. Our Jackson medical malpractice attorneys at ‘Maggio | Thompson, LLP are committed to you and committed to your case.
Call (601) 265-6869 today to schedule your free consultation. We’re ready to listen!