Your Medical Malpractice Lawyer for All Serious-Injury and Death Cases
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.
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) 945-7142 or fill out our contact form.