Are You a Victim of Medical Negligence?
When you seek medical attention, whether it is because you are having flu symptoms or in need of surgery, you expect and depend on medical professionals to use the utmost care and to provide you with outstanding service. As a patient you also trust that your medical professional will use all of the skills, knowledge, and training they have learned to ensure that your medical needs are taken care of. For many, your doctor will use the best practices to gain your trust and to treat your illness. Unfortunately, there are also medical professionals who fall below the requisite standard of care and leave you with more medical issues and expenses than when you originally sought their attention. If you or a loved one believe that you have been the victim of medical negligence it is invaluable to contact an experienced Mississippi medical negligence attorney immediately.
What is Medical Negligence?
Medical negligence in Mississippi occurs when a medical professional fails to act or acts negligently within the requisite standard of care of people with the same training, knowledge and skillset as the medical professional, which causes injury or death to a patient. According to the Journal of the American Medical Association, as reported by an article in Forbes, medical negligence is the third leading cause of death in the United States, following heart disease and cancer. There are many cases in which a medical professional may act negligently, however, common cases include: failure to diagnose or misdiagnose; failure to treat a patient; prescribing the wrong medication; and causing injury to children during birth.
Mississippi Law Regarding Medical Negligence
Medical professionals who put their patient’s lives at risk are liable for medical malpractice. Under Mississippi state law, a person who commences an action against a medical professional for negligence has two years from when the injury was discovered, or when it should have been discovered to bring the claim. For minors under six years of age, the suit must be filed with the two years following the child’s sixth birthday. Lastly, if the malpractice leads to death, then the family or the estate of the deceased has three years to file a wrongful death action against the medical professional. Once you have proven that the medical professional failed to administer adequate care that resulted in injury and damages to you and an expert medical professional has testified to prove medical negligence, economic damages and noneconomic damages may be awarded to you. Mississippi’s cap for non-economic damages, such as pain and suffering and emotional distress, is $500,000; for economic damages, such as medical expenses and loss of income, the cap is one million dollars.
Need Legal Advice?
Having an injury is difficult by itself. However, it is even more frustrating and disheartening to know that you trusted your medical professional and they let you down. Though you are at a loss, you do not have to lose. Medical professionals who fall below the requisite standard of care should be held liable and must compensate a patient for their negligence. Therefore, it is best to contact an experienced Biloxi medical negligence attorney at The Law Offices of Judy Guice so that we can strategize about the best possible outcomes of your case. You are not alone and we are here to help make you whole again. Contact our office today.