Holding Negligent Medical Professionals Accountable for Their Harmful Actions in Idaho
Don’t sit back and do nothing. If you have suffered because of a doctor’s negligence, there is professional help at Litster Frost. You have legal options and rights. Doctors carry medical malpractice insurance for such times as these.
Boise Medical Malpractice Lawyers
Medical professionals, such as doctors, nurses, and pharmacists, have a duty to care for their patients. Unfortunately, any act of negligence can cause severe harm or even death instead. If you’ve suffered an injury or lost a loved one as a result of medical negligence, the Boise medical malpractice lawyers at Litster Frost can help. Our specialized attorneys can help you get the financial compensation you deserve while holding a negligent healthcare provider accountable for your pain and suffering.
Understanding Medical Malpractice
Medical malpractice refers to when a healthcare provider fails to take appropriate action, neglects appropriate treatment, or delivers unsatisfactory treatment that results in the injury or death of a patient. This harm often involves an error made by a healthcare professional at a hospital, doctor’s office, or pharmacy. Medical errors are often found in the diagnosis, treatment, health management, or medication dosage. If you’ve recently been injured by a healthcare provider, speak to the Boise medical malpractice lawyers at Litster Frost. You can also view our Medical Malpractice FAQ for answers to common questions
Medical Errors Commonly Seen in Idaho
Bad Plastic Surgery
Vanity is not the only reason for plastic surgery; if it turns out poorly, patients can suffer shame, hurt, and hopelessness. The emotional impact of a bad surgery and the medical and financial consequences can be devastating.
Birth Injuries
A mishandled newborn can suffer common medical issues such as cerebral palsy, brain damage, paralysis, or Erb’s palsy. If this happens to your family, call an attorney immediately. You are entitled to compensation, and negligent doctors must be held accountable.
Delayed Diagnosis
Some illnesses, such as cancer, can progress past the point of possible recovery if not diagnosed soon enough. Heart attack and stroke, or meningitis, appendicitis, and other infections, also require a timely diagnosis for proper treatment.
OB/GYN Mistakes
A negligent OB/GYN may fail to identify prenatal conditions, fail to diagnose, misdiagnose, use forceps incorrectly, or fail to perform a cesarean section when necessary. Another common injury due to negligence by an OB/GYN is brain damage caused by asphyxiation.
Misdiagnosis
Often, symptoms of one thing are indicative of another as well. This can prove fatal. If you are not getting better or are getting worse, seek another opinion. Your doctor may have missed something. You may be able to go back and sue for financial compensation.
Fetal Death
Doctors are responsible for identifying medical ailments and treating them for the safety of the mother and her fetus. If a medical professional fails to diagnose a problem or administers the wrong treatment, or any other error that results in complications that threaten the life of her or her child, take legal action and draw attention to dangerously careless medical professionals. While there is no amount of money that can ease the loss of a child, it may help ease your financial burden while you cope with your loss.
Hospital Negligence
Nurses make errors, and you should not have to suffer in their care. Also, if you suffer from being ignored for too long, file a claim with the hospital and ask your attorney if you have grounds for a lawsuit.
Medication Errors
If the wrong medication is prescribed, it could cause many problems and even death. Double-check with the pharmacist to make sure your medication matches your illness.
Dental Problems
Failure to detect an oral disease is one form of dental malpractice since diseases such as periodontal disease are more treatable when detected early enough. Malpractice can also result in injury to bone structure or tissue. An improper tooth extraction, such as during a wisdom tooth removal, can lead to infections or nerve damage. Using defective or improperly sterilized tools can contribute to problems as well.
Surgical Injuries
If you are the sufferer of a botched surgery, wrong site surgery, misuse of surgical instruments, incorrect surgical procedure, or incorrect suturing, you are entitled to financial compensation. Furthermore, if surgeons left objects in your body or you suffer post-surgical complications, call your attorney today.
Anesthesia Errors
This is a potentially serious or deadly medical mistake involving the improper administration of drugs during surgery or other invasive procedures.
Errors Leading to Death
Johns Hopkins University has discovered that medical errors may be the third-leading cause of death in this country. Unfortunately, the chances of your loved one’s death is caused by physician error are quite high.
* While these are not the only medical malpractice cases, they are very common and often result in serious injury.
Common Malpractice Cases
Contributing to Harm Before or During Birth
Many complications can arise before or during birth. Despite modern advancements, training medications, and equipment, some mothers or infants sustain injuries during pregnancy or delivery due to medical negligence.Â
Misuse of Medical Equipment
While many lawsuits pertain to medical equipment defects or designs, some cases of harm contributed to equipment or medical devices are due to misuse. This could be due to a lack of training, misapplication, or other human error factors.
Incorrect Prescription or Administering of Medicine
The process from prescribing to administering medication is complex and wrought with the potential for dangerous mistakes. A wrong drug for the wrong patient, timing, dosage, manner of reconstitution, rate of infusion or speed of administration, wrong pharmaceutical form, and many other factors have been cited in medication error-related cases.
Surgical Errors
Roughly 4,000 people per year in the U.S. suffer from serious surgical mistakes. Researchers and the medical industry refer to these as “never events,” as they should never have happened. An example would be operating on the wrong patient or body part or leaving a foreign object, such as a sponge, inside the operation site of the patient. There are also many less obvious surgical complications, such as a failure to notice hemorrhaging. These can also be extremely serious.
How Do These Mistakes Happen?
The coordination of staff is very complex.
Clerical and intake staff, administrative assistants, records and IT staff, nurses, doctors, interns, pharmacists, and other responsible professionals in hospitals and medical clinics all play a role.
With so many moving parts, a medical workflow can be very prone to contributing to oversights and errors. Add to that a breakdown in communication, and it’s no wonder that medical mistakes are common.
Lack of proper sleep can contribute.
Some cases have also cited that a lack of qualified workforce in the medical community can lead to overworked and sometimes exhausted, mistake-prone situations. Even the most caring doctors or nurses who take impeccable pride in their work can make mistakes when working double shifts with a lack of proper sleep.
Human error will be a factor in the equation.
Computerization of medical records and patient management has helped. But no matter how sophisticated medical management systems, workflows, and procedures become, human error will be a factor in the equation as long as people manage these.
Litster Frost’s Role
If you speak with an attorney at Litster Frost about your medical malpractice case, you’ll quickly realize why Idahoans trust our firm to handle their malpractice cases. You’ll see that experience and deep knowledge of litigation for malpractice are critical.
What Should You Do If You Believe You're a Victim of Medical Malpractice?
If you believe you’re a victim of medical malpractice, you should first seek medical help from another healthcare provider immediately. You should also save any medical documentation you received before, during, and after your original treatment or procedure and any other therapy you may have had to treat your injuries.
Keep in mind many insurance companies question whether you delayed getting treatment. This allows them to devalue your medical malpractice claim. It’s also essential not to speak with any insurance company representing the medical professional that harmed you. Insurance companies are specifically trained to get information from you that may harm your claim. You have no legal obligation to talk to them. Instead, it’s best to contact the Boise medical malpractice lawyers at Litster Frost and refer any contact made by an insurance company to us. Our compassionate and caring attorneys will come to you and provide you with a free case evaluation to assess your claim for medical malpractice.
Because there are many laws and statutes concerning these cases, it can be tough to understand what’s considered medical malpractice in Idaho. This is why many people don’t realize the negligence of a healthcare professional has harmed them. At Litster Frost, we will assess your case and speak with industry specialists to see if the treatment you or a loved one received was negligent. If you have a reasonable claim that’s likely to succeed, we will discuss the process and steps to get the fair compensation you deserve for your injuries.
How Do I Prove I was a Victim of Medical Malpractice?
Anyone filing a medical malpractice lawsuit must prove that:
- A medical provider who was responsible for your care showed negligence. It must be proved that they failed to meet the acceptable standard of care in their field. In other words, a medical provider made an unreasonable mistake that another professional would not have made under the same circumstances. This often requires an expert witness to testify their knowledge concerning the mistake.
- That the mistake made by a medical professional cause injury. It must be proved that if they didn’t make a mistake, an injury would not have happened or would have been less severe. Expert witness testimony is often needed to testify for this.
- That you or a loved one experienced physical damages such as injury or death due to a healthcare provider’s medical negligence. It can also include damages such as medical bills, lost wages, pain and suffering, or the loss of a loved one.
Keep in mind that several situations don’t lead to medical malpractice. For example, you may require a certain prescription drug to treat a condition. However, a doctor informs you that the drug has well-known side effects. If you decide to take the drug and develop these side effects while being treated, you can’t blame the physician who prescribed it. In another scenario, a dental surgeon may need to perform a difficult surgery to remove a wisdom tooth, but critical nerves are wrapped around the tooth’s root that could cause facial paralysis if damaged. If the surgeon informs you of the risks associated with the procedure in question, and you decide to go ahead with it and end up with nerve damage, you cannot fault the surgeon because they made you fully aware of the possible consequences of the procedure.
Unlike a personal injury accident, medical malpractice cases can be very difficult to prove because they are governed by a standard level of care and local statutes. In Idaho, several regulations make it hard to qualify for medical malpractice. Winning a medical malpractice case is not only challenging but requires a significant amount of expert proof. If you believe you may be a victim of medical malpractice at the hands of a healthcare provider, it’s essential to speak with the attorneys at Litster Frost before you take any other action.
How Much is Your Medical Malpractice Claim Worth?
Determining the value of your medical malpractice claim generally depends on the damages that have occurred. This includes any physical or emotional pain or out-of-pocket expenses. In terms of physical injuries, the more severe, the more your claim will be worth. This is because you’ve suffered higher medical costs as a result. For example, if you’ve suffered a significant injury due to the negligence of a healthcare provider that requires long-term medical care, surgeries, and ongoing treatment, your claim will include any anticipated future expenses. It will also include any pain and suffering you’ve experienced during the process. If you have any permanent injuries or injuries that affect your lifespan, your claim will be worth more to cover the increased emotional and mental anguish that comes with a decreased quality of life.
Wrongful Death Medical Malpractice
Unfortunately, medical malpractice can result in the wrongful death of a loved one. Whether a patient died right away or negligence caused significant health problems that later resulted in death, surviving family members may have a claim for wrongful death compensation. If you’ve lost a loved one due to medical malpractice, Litster Frost can help get you the compensation you deserve for your loss. Wrongful death claims often include compensation for medical and funeral expenses and the loss of financial support, companionship, and mental anguish.
How Long Does a Medical Malpractice Lawsuit Take?
The amount of time a medical malpractice lawsuit takes depends on various factors, including:
- The jurisdiction where your case is filed.
- The strength and complexity of your case.
- The type of medical procedures involved.
- The nature of the injuries a person has suffered.
At Litster Frost, our Boise medical malpractice lawyers will determine the necessary steps while ensuring all damages are explored before trial. Often insurance companies and other at-fault parties settle before a trial takes place. If a case goes to trial, our team will represent you in court to get you the fair compensation you deserve for your injuries.
Can I Settle My Medical Malpractice Case?
Resolution before a medical malpractice trial is common. Most medical malpractice lawsuits are settled out of court as a negotiated settlement with the insurance company of a healthcare provider. Only 7% of these cases end in a trial involving a jury verdict. Why? Reaching a settlement agreement through negotiation is often more advantageous for a patient and a healthcare provider.
For a victim of medical malpractice, settling is often faster and less stressful than going to trial. And you’ll have a likelier chance of getting more compensation for your injuries. For medical providers, settling helps them to avoid any bad publicity or embarrassment they might get from a public trial.
Settlement negotiations often occur during the mediation phase of a medical malpractice lawsuit. However, they can also take place at any point during a case. A victim, a medical provider, and their respective attorneys will attempt to negotiate a fair settlement for both sides and agree on a monetary value for your compensation. This often involves some give and take from both parties to reach an agreement. Once an agreement has been reached, a case will close before it reaches trial.
Because every lawsuit is different, there’s no time frame for the entire process. It can last months or even years before a claim is finally settled and you receive a settlement payout.
Common factors that affect the timeline of a medical malpractice lawsuit often include:
- Gathering evidence and medical records to build a case.
- Scheduling court dates, which can be several months in the future.
- Your recovery, as all medical bills and the full extent of your injuries are documented.
- Expert witnesses and medical investigators will examine your case to determine whether a breach in care was the cause of injuries or wrongful death.
When deciding whether to accept a settlement or go to trial, weighing the pros and cons of each option is important. At Litster Frost, we have decades of experience in litigation and understand how medical malpractice settlements work. We will help you decide which option is best depending on the unique factors of your case.
What Does a Medical Malpractice Settlement Include?
Once you determine a medical professional is at fault, Litster Frost will help you determine a monetary value to negotiate for. Examples of things to keep track of to determine the value of your lawsuit include:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Scarring or disfigurement
- Trauma
- Permanent disability
The Process of a Medical Malpractice Lawsuit
Medical malpractice results from a medical professional failing to provide a standard level of care during treatment, causing injury to a patient. For medical malpractice lawsuits to be successful, the following must be true.
- A relationship between a medical professional and a patient.
- A medical professional broke a standard level of care.
- A patient of a medical professional was injured or passed away.
- A patient’s injuries were caused due to the negligence of a medical professional.
If this is the case, the following steps of a medical malpractice lawsuit are listed below.
Speaking with an Attorney
Meeting with a medical malpractice lawyer in Boise is the first step. A patient or their family will meet with an attorney at Litster Frost, so we can learn all the facts of the case and why you believe a medical professional was negligent. Often people don’t believe they have a case or are afraid of not being heard. However, speaking with our caring and compassionate attorneys is crucial because, often, a patient’s instincts are right about the negligence of a medical professional.
Investigation
Preparing a case is essential. During the investigative process, an attorney at Litster Frost will examine all evidence and medical records to determine what went wrong. While we can interpret important documents, we will also contact one or more medical specialists to prepare supporting letters for an injured patient’s claim. Next, a lawsuit will be filed with a court, and a hearing will be held.
Discovery
At this stage of the litigation process, parties will gather all relevant information, known as discovery. This allows both parties to request certain documents and relevant records from one another. During this time, a medical professional’s attorney often deposes an injured patient to ask about their care, what went wrong, and other problems. An attorney at Litster Frost will also dispose of the defendant.
Settlement
A settlement often occurs instead of going to trial when a medical professional or insurance company agrees to pay the injured patient a fixed amount of damages. If both parties don’t agree upon an acceptable settlement, a case will then go to trial.
Trial
During a jury trial, both parties will present their arguments and provide evidence to support their positions. In addition, medical experts and witnesses will testify, and a jury will evaluate whether a medical professional was negligent, resulting in a patient’s injuries. Financial damages will be awarded if a jury rules in favor of a patient or their family.
Reasons Why You Need a Medical Malpractice Specialist
- While no one can guarantee your medical malpractice case will succeed, the medical malpractice specialists at Litster Frost will provide you with the best opportunity for a favorable settlement. We have decades of experience evaluating individual cases, trying them, and reaching successful settlements.
- Medical malpractice cases in Idaho often require the qualified testimony of expert physicians and other healthcare providers who believe an event resulted from medical negligence. At Litster Frost, our specialized attorneys have the network and skills to find and obtain the best medical experts to review your potential case records.
- Idaho has set statutes and rules that control all aspects of pursuing a medical malpractice case. Complying with these rules is necessary for most situations. Any mistake that goes against these requirements can determine the loss of your case. At Litster Frost, our medical malpractice lawyers in Boise are familiar with all the requirements of Idaho law.
- There is a short time for a medical malpractice case to be filed. In Idaho, it is within two years from which an alleged medical error was committed or discovered. Allowing the statute of limitation to expire before bringing forward your claim can be detrimental to your case, making it almost impossible to get you the fair compensation you deserve for your injuries.
Representing You in a Medical Malpractice Case
Your attorney will determine if your doctor or other medical professional responsible for your care failed to adhere to the standard established for them nationally and here in Idaho. If so, we need to determine how that failure contributed to your harm.
No medical professional will likely volunteer an admission of malpractice to you.
So pursuing a case will require extensive investigation. This is true both initially while we design a strategy for your case and on an ongoing basis as we pursue a settlement or verdict.
Nationally, most medical malpractice cases that are tried for verdict are won by the hospitals or doctors since the burden of proof falls on plaintiffs and their attorneys.
This is why Litster Frost Injury Lawyers are so careful at advising on when a settlement or trial is best and thoroughly research every avenue of fulfilling that burden of proof in a successful lawsuit.
A delay or misdiagnosis of a serious condition can lead to lifelong injury, illness, or even death.
Some examples of such conditions where this can occur include:
- Cancer misdiagnosis or delayed diagnosis
- Cardiovascular conditions, heart attack, and/or stroke
- Emergency room diagnosis and treatments
- Hospital records or administration errors, resulting in delayed diagnosis
- Birth injuries or prenatal issues causing harm to mother or baby; and
- Medical testing errors
