Dover Medical Malpractice Lawyer

If you’ve been injured by a medical professional and have reason to believe negligence played a part, contact an experienced Dover medical malpractice attorney for help securing the compensation you’re entitled to.

Working in the medical field, there is very little room for mistakes. Although hospitals and doctors’ offices purchase insurance policies to protect them when an error occurs, everyday people are far too often exposed to careless medical professionals who frequently put their patients at risk of further injury. When this happens, the negligent caregiver should be held responsible for his or her actions.

Sometimes, it can be hard to understand the difference between a routine medical risk of treatment or care and the medical malpractice of a caregiver. This is when working with a Dover medical malpractice lawyer at Barros, McNamara, Malkiewicz & Taylor can become extremely helpful. You tell us your story, and we’ll work hard to make sure the person who harmed you compensates you fully and fairly.

Who Can Be Named in a Dover Medical Malpractice Claim?

Almost anyone in the medical field who cares for or treats patients can be held liable for medical malpractice. Surgeons, nurses, doctors, physician assistants, certified nursing assistants, pharmacists, and many other individuals in charge of treating patients can be named as defendants in your Dover medical malpractice claim if their poor decision resulted in harm to you.

In any industry or area of life, it’s understood that mistakes sometimes happen for even the most experienced and skilled professionals; however, in the medical world, errors can be fatal, and extra care should be taken to ensure the safety and wellbeing of all patients.

To prove a medical malpractice claim, we need to demonstrate that the caregiver made a careless error that another professional would not have made under the same circumstances.

When a Medical Professional Makes a Mistake

There are numerous circumstances in which a hospital, medical office, or employee in the medical profession settles on a choice that directly causes injury to a patient. Some of the more common medical malpractice mistakes are listed below:

  • Misdiagnosis
  • Leaving instruments in a body cavity during surgery
  • Improper dosage of medication
  • Failure to act quickly enough to prevent harm
  • Failure to treat a condition

Every one of these mistakes could have been avoided if the medical professional had been careful in the care and treatment of the patient. Too often, these types of caregivers are assigned tasks above their capability levels, which leaves patients at risk for additional errors. At Barros, McNamara, Malkiewicz & Taylor, we have zero tolerance for this type of negligence.

What You Should Know About Medical Malpractice

While gathering evidence and establishing support for your claim, your medical malpractice lawyer in Dover will deal with the pesky details of your case so you have the time you need to focus on your recovery. Certain laws surrounding medical malpractice claims could be helpful for you as we take our next steps in your case.

No Cap on Damages

Numerous states have a cap on the amount of compensation you can receive in a medical malpractice claim. For instance, some states put the cap at approximately $500,000 or less. However, in Delaware, there is no such cap, and the court can award you damages that fully cover every hardship you’ve suffered.

Statute of Limitations

Despite the fact that Delaware’s statute of limitations for personal injury claims is three years from the date of the accident, in a medical malpractice suit, your claim must be filed within only two years of discovering the illness or injury was caused by a medical professional or from the date the mistake occurred.

Compensating You for Your Losses

Getting any kind of medical care in the United States can come with astronomical costs. But medical expenses can reach absolutely staggering heights when a mistake occurs and causes you to need further treatment to correct the problem. It’s important that we include in your claim each medical cost in detail so that the liable party is responsible for covering the full extent.

Once we have a better idea of what the true cost of your medical expenses will be, we can calculate your lost wages and loss of future earnings, if necessary. For instance, workers who won’t be able to return to their position due to the medical malpractice error could miss out on bonuses, contributions to their retirement, and even increases in their pre-injury salary.

Damages that are not financial in nature can have equally as devastating effects as the ones that involve money. Some of these non-economic damages include the loss of enjoyment of life, pain and suffering, the loss of consortium, mental anguish, and the effects of a disfiguring injury.

Punitive damages can also apply to some medical malpractice claims due to the seriousness of the mistakes in question. These damages are meant to punish the at-fault healthcare provider for behavior that is malicious or egregiously negligent, as well as to deter similar actions in the future.

Dover Medical Malpractice FAQ

Our clients have plenty of questions that pertain to their Dover medical practice claims. For this reason, we have compiled some of the most common questions so you are able to gain some understanding of what you can expect as you move forward with your lawsuit.

Should I plan to go to court?

We will be able to avoid going to court if we are successful in negotiating with the doctor or his or her insurance company to reach a figure that is both appropriate and reasonable based on the extent of your injuries and damages. However, it is not uncommon for defendants to be steadfast in their inability to compromise, so you should always be prepared to go to court to resolve your case.

How much does it cost to hire an attorney?

Because we use an attorney contingency fee, you won’t need to worry about how much your case will cost until after you’ve won. This fee is discussed prior to moving forward with your claim and is generally a set percentage of your awarded amount. In the event that we aren’t able to win your case, you won’t have to worry about paying anything at all.

Should I make a statement to the insurance company?

We do not suggest that our clients give statements to medical malpractice insurance companies. We have found that insurers often manipulate statements to lower the amount they’ll be required to settle for. We will handle the details of dealing with the insurance company to protect your potential compensation award from being unnecessarily reduced.

Speak with a Dover Medical Malpractice Attorney

If you have been injured or in any way harmed by a medical professional’s negligent treatment or lack of care, you may need help figuring out how you’ll hold the negligent party accountable for his or her poor judgment. Get in touch with the experienced and caring team at Barros, McNamara, Malkiewicz & Taylor today.

Your Dover medical malpractice lawyer will be devoted to building you a powerful claim that will force the liable party to fully compensate you for your losses. You can give us a call at 302-734-8400 or simply fill out the contact form at the bottom of this page to schedule your free, no-obligation consultation.