Medical Malpractice Lawyer Manchester, NH
Medical malpractice occurs when a patient is harmed by a healthcare professional whose level of care falls below what is considered reasonable under the circumstances. To establish a claim, you must hire an experienced medical malpractice lawyer in Manchester, NH who can explain how the level of care fell below the standard. It is essential to rule out other factors to show that deficient medical care was the cause of the injuries you endured. You may be able to recover substantial financial compensation if you prove these elements.
If you believe a doctor or hospital made a mistake that negatively affected your well-being, you should seek the immediate assistance of a reputable medical malpractice lawyer to discuss your case.
The 5 Elements of a Medical Malpractice Claim
Every successful medical malpractice claim must meet the following requirements:
- The healthcare provider and the patient entered into a doctor/patient relationship. Such a relationship is formed when the provider actively examines, diagnoses, or treats the patient (or agrees to provide these services).<
- A duty of care arose on behalf of the provider due to the circumstances at hand. For example, when a patient is left in the care of an anesthesiologist prior to surgery, a legal duty is created requiring the anesthesiologist to act with reasonable care and skill.
- The provider breached the duty of care by providing substandard services. In other words, a reasonably prudent care provider would have acted differently under the same circumstances.
- The provider’s mistake caused the harm suffered by the patient. Establishing this link between the error and the injury can be difficult. Consider a patient whose condition worsens after back surgery. The patient must show that, but for the surgeon’s mistake, the patient’s condition would not have deteriorated on its own.
- The patient suffered sufficient harm. The cost of bringing a medical malpractice claim is enormous. To be a cost-effective remedy, the claim must involve serious injuries.
If the injured party cannot establish one or more of the above elements, the claim will fail as a matter of law. It is imperative to consult a seasoned medical malpractice lawyer to navigate the legal complexities of a medical malpractice case to reach an outcome favorable to you.
Manchester Medical Malpractice Infographic
Potential Damage Awards From a Medical Malpractice Claim
In the damages phase of a medical malpractice case, the medical malpractice attorney must prove the full extent of the physical and emotional harm caused by the medical provider’s negligence.
The total compensation paid to the victim can be broken down into two parts:
The victim will receive past damages. These address losses from the time of the injury until the time of settlement or trial. Past damages include compensation for medical bills (regardless of whether the bills have already been covered by the victim’s medical insurance), lost wages, and pain and suffering.
The victim will also receive compensation for future damages. For example, if an expert testifies that the victim will need additional surgeries in the months or years ahead, the cost of those surgeries will be included. Future damages can also include things like diminished earning capacity and loss of enjoyment of life.
To prove the complete extent of your damages, you need a skilled Manchester medical malpractice lawyer who can build a solid case, conduct an extensive investigation, and gather the necessary evidence to support your case.
Types of Medical Malpractice Handled at Kenison Law Office
Any affirmative act that a medical care provider makes to diagnose or treat a patient can potentially lead to malpractice if done in a careless manner. An omission (failure to act) can also lead to liability.
The following are the most common acts and omissions that appear in the medical malpractice cases we routinely investigate at Kenison Law Office:
- Surgical errors
- Anesthesia errors
- Failure to diagnose
- Delayed diagnoses
- Emergency room errors
- Mistakes made by hospital staff
- Negligently maintained facilities
- Faulty medical devices (victims should also seek the advice of a product liability lawyer)
- Childbirth-related errors
This is not a comprehensive list of all medical malpractice claims. Consult with a medical malpractice lawyer to discuss your specific, unique case.
The Need for Expert Testimony in a New Hampshire Medical Malpractice Case
In New Hampshire, a medical malpractice claim cannot proceed unless the injured party hires an expert to testify as to the standard of care breached by the negligent party. Non-medical experts may be needed as well.
For example, if there are future damages, an economist will be needed to calculate the present value of those damages so they can be awarded in advance.
Contact the Medical Malpractice Attorneys at Kenison Law Office for a Consultation Today
At Kenison Law Office, we recognize how detrimental and overwhelming it can be to endure a medical malpractice injury. If you were affected by the negligence of a medical professional, contact Kenison Law Office for diligent and thorough representation from beginning to end.
Attorney John B. Kenison Jr. has helped hundreds of victims in the Manchester community fight for the justice they deserve. Kenison Law office recognizes that each case is unique and works to provide knowledgeable and focused legal counsel to victims needing accountability for their devastating injuries. Contact us for a complimentary consultation at 603-471-3550 or fill out our contact form.
Medical Malpractice and Prescription Errors
As our Manchester, NH medical malpractice lawyer knows, prescription error malpractice occurs when a healthcare provider, such as a doctor, pharmacist, or nurse, makes a mistake while prescribing, dispensing, or administering medication to a patient. These errors can have serious consequences, including illness, injury, or even death. In New Hampshire, prescription error malpractice is a form of medical malpractice, and victims may be able to pursue legal action to seek compensation for their injuries and damages. Call Kenison Law Office, PLLC when you need help.
How does it happen?
Prescription error malpractice can occur in many ways. Common examples include prescribing the wrong medication, prescribing the wrong dosage, failing to consider a patient’s medical history or other medications, or mislabeling medication. These errors can occur at any point in the process, from the initial prescription to the dispensing and administration of the medication.
How can I pursue a malpractice claim?
To pursue a prescription error malpractice claim in New Hampshire, a Manchester medical malpractice lawyer knows the victim must demonstrate that the healthcare provider was negligent in their care. This requires evidence that the provider failed to meet the appropriate standard of care for their profession and that this failure caused the victim’s injuries or damages.
Proving negligence in a prescription error malpractice case can be challenging, as it often requires expert testimony and a thorough understanding of the medical standards and practices involved. For this reason, it is important to work with an experienced medical malpractice attorney who can guide you through the legal process and help you build a strong case.
How long do I have to pursue a claim?
In New Hampshire, medical malpractice claims must be filed within three years of the date of the injury or within three years of when the injury should have been discovered. This means that it is important to act quickly if you suspect that you have been the victim of prescription error malpractice.
How can I protect myself?
If you believe that you have been the victim of prescription error malpractice in New Hampshire, there are several steps that you can take to protect your legal rights. First, it is important to seek medical attention as soon as possible to address any injuries or health problems caused by the medication error.
Next, it is important to gather as much evidence as possible to support your claim. This may include medical records, prescription labels, and other documentation related to your treatment. You should also keep track of any expenses related to your injuries or damages, such as medical bills, lost wages, or other costs.
Finally, it is important to contact an experienced medical malpractice lawyer to discuss your legal options. A skilled lawyer can review your case and help you understand your rights under New Hampshire law. They can also help you navigate the complex legal process and work to ensure that you receive fair compensation for your injuries and damages.
Prescription error malpractice is a serious problem that can have devastating consequences for patients in New Hampshire. If you believe that you have been the victim of prescription error malpractice, it is important to seek legal guidance as soon as possible. With the right support, you can protect your legal rights and seek justice for your injuries and damages. Call Kenison Law Office, PLLC to speak with our Manchester medical malpractice lawyer now.
Important Medical Malpractice Lawyer Qualities
If you were injured while under a doctor’s care, you may want to reach out to a Manchester, NH medical malpractice lawyer. You may be entitled to compensation. A lawyer from Kenison Law Office, PLLC can help you pursue a timely claim. Here are some important qualities to look for in a medical malpractice lawyer.
- Specialized Knowledge: A reputable medical malpractice lawyer has in-depth knowledge of medical procedures, terminologies, and the legal framework surrounding healthcare. They understand the complexities of medical malpractice cases and can effectively navigate through relevant statutes and regulations.
- Extensive Experience: Look for a lawyer with experience successfully handling medical malpractice cases. Experience matters when it comes to assessing the strength of your claim, negotiating with insurance companies, and representing you in court, if necessary.
- Expert Witness Network: Medical malpractice cases often require the testimony of expert witnesses to support your claim. A skilled lawyer should have an established network of credible medical professionals who can provide expert opinions and testify on your behalf.
- Thorough Investigation: A competent medical malpractice lawyer will conduct a comprehensive investigation into your case. They will gather medical records, review relevant documents, consult experts, and interview witnesses to build a strong foundation for your claim.
- Understanding of Damages: Medical malpractice can result in serious physical, emotional, and financial damages. Your Manchester medical malpractice lawyer should have a deep understanding of the types of damages you may be entitled to, such as medical expenses, lost wages, pain and suffering, and future medical needs.
- Strong Negotiation Skills: Many medical malpractice cases are resolved through negotiations with insurance companies or opposing counsel. Your lawyer should be a skilled negotiator, capable of advocating for your rights and maximizing your compensation without compromising your best interests.
- Trial Experience: While settlements are common in medical malpractice cases, some may proceed to trial. It is crucial to hire a lawyer who is comfortable and experienced in the courtroom, with a proven ability to present your case persuasively to a judge and jury.
- Resources for Litigation: Medical malpractice cases can be complex and demanding, requiring significant resources for investigation, expert witnesses, and trial preparation. Ensure that your chosen lawyer has the necessary resources and support staff to handle your case effectively.
- Transparent Communication: Open and transparent communication is essential throughout the legal process. Your lawyer should keep you informed about the progress of your case, explain legal concepts in plain language, and promptly address any concerns or questions you may have.
- Fee Structure: Be sure to talk about the fee structure with potential lawyers upfront to understand how they charge for their services. Some lawyers work on a contingency basis, meaning they only get paid if they win your case, while others may charge an hourly rate or a fixed fee. Clarify any additional expenses you may be responsible for, such as court fees or expert witness fees.
New Hampshire Medical Malpractice Statistics
Between 2012 and 2021, the National Practitioner Data Bank (NPDB) recorded 143 medical malpractice reports in New Hampshire. This equates to a rate of 1.4 reports for every 100,000 residents in the state. Interestingly, this figure is significantly lower than the national average, which is documented at 2.4 reports per 100,000 population. Such statistics indicate that New Hampshire maintains a relatively safer healthcare environment in comparison to the broader U.S. landscape.
What are the types of compensation I can obtain from medical malpractice?
As a Manchester, NH medical malpractice lawyer can explain, there are several types of compensation available for victims of medical malpractice. When healthcare professionals fail to meet the expected standard of care, resulting in injuries or harm to patients, the following types of compensation may be pursued:
- Economic Damages: Economic damages are intended to compensate the victim for financial losses incurred as a result of the medical malpractice. This may include medical expenses, such as hospital bills, doctor’s fees, medications, rehabilitation costs, and future medical treatments related to the injury. Additionally, economic damages may cover lost wages or loss of earning capacity due to the injury, as well as any other out-of-pocket expenses directly associated with the malpractice.
- Non-Economic Damages: Non-economic damages aim to compensate the victim for subjective losses that are not easily quantifiable. These may include pain and suffering, physical and emotional distress, loss of enjoyment of life, mental anguish, and the impact on personal relationships. Determining the value of non-economic damages can be challenging, as it often involves assessing the long-term effects of the malpractice on the victim’s quality of life.
- Punitive Damages: In some cases of extreme negligence or intentional misconduct, punitive damages may be awarded. Unlike economic and non-economic damages, punitive damages are not intended to compensate the victim directly. Instead, they are meant to punish the defendant and deter others from engaging in similar behavior. Punitive damages are typically awarded when the healthcare provider’s actions are deemed willful, malicious, or grossly negligent.
- Wrongful Death Damages: In cases where medical malpractice results in the death of the patient, the victim’s family may be eligible to seek wrongful death damages. These damages aim to compensate for the loss of financial support, loss of companionship, funeral and burial expenses, and other costs associated with the death of the loved one.
- Future Damages: Future damages account for the ongoing consequences of the malpractice. This may include anticipated medical expenses, rehabilitation costs, long-term care needs, and loss of future earnings or earning capacity. Expert opinions and projections are often utilized to estimate the value of future damages accurately.
It is important to note that the availability and calculation of compensation may vary depending on the jurisdiction and the specific circumstances of the case. Laws governing medical malpractice and the determination of damages can differ from one jurisdiction to another. Therefore, it is advisable to consult with a qualified attorney who specializes in medical malpractice to understand the applicable laws and seek appropriate compensation for the harm suffered as a result of medical negligence.
If you or a loved one has suffered harm due to medical negligence, seeking the counsel of a seasoned Manchester, NH medical malpractice lawyer is essential. Dealing with the repercussions of medical malpractice can be overwhelming, but a proficient Manchester medical malpractice lawyer can provide the legal expertise and support needed. From assessing the merits of your case to liaising with medical experts and pursuing rightful compensation, a Manchester medical malpractice lawyer is dedicated to ensuring your rights are safeguarded. By entrusting your case to a Manchester medical malpractice lawyer, you can navigate the complexities of the legal process with confidence and work towards achieving the justice you deserve.
If you want to pursue a medical malpractice case, contact a Manchester medical malpractice lawyer from Kenison Law Office, PLLC.