When a doctor or another type of healthcare professional makes a mistake while performing surgery and that error has put your health at risk and/or has led to you experiencing pain or discomfort, you may be entitled to file what is called a medical malpractice lawsuit against him or her or the facility in which they practice out of. Medical malpractice lawsuits are not only used to recognize a physician for their negligence, but to also help a victim recover compensation to make up for how the error has impacted their life.
If you feel as though the physician in Jackson, MS who performed your surgery made a mistake, Ballard Law, PLLC is here to help get you connected with a qualified healthcare professional who can assess your condition. Before you can initiate a case against the doctor, hospital, or healthcare facility, you are going to need to confirm that an error has been made. The fact is, it isn’t exactly easy to hold a physician liable for the pain and discomfort you might be feeling after surgery. There are many laws that protect physicians from being sued by patients who simply aren’t satisfied with the outcome of their surgery.
In order for you to file a lawsuit, you need to be sure you didn’t waive your right to sue when you signed the forms you were presented with prior to having the surgery performed. Generally, a patient can file a medical malpractice lawsuit only when the treating physician failed to perform the surgery correctly or made a mistake that otherwise wouldn’t have happened had the patient gone to someone else. In the event the condition you are suffering with is listed as a side effect in consent forms you signed, you might have trouble with successfully suing the doctor or facility.
Examples of Medical Malpractice Lawsuits
Medical malpractice cases can stem from various issues. For example, if a doctor accidentally left something inside of you while he or she was performing surgery and that foreign object has resulted in you suffering in pain and having to undergo yet another procedure, you may stand a chance at winning your case if you decided to sue. Some other examples of medical malpractice lawsuits that would likely make it through the court system include:
- A physician failed to use sterile surgical instruments which caused you to develop a serious infection or other disease.
- A physician operated on the wrong body part.
- A doctor nicked something in the process of performing surgery which resulted in other health issues developing.
- A doctor still performed a procedure aware it would not be safe for you to undergo it given your current condition.
Understanding Mississippi’s Medical Malpractice Laws
There are many laws that come into play when a patient or their loved one files a medical malpractice lawsuit in the State of MS. To ensure you become aware of what these laws are and how they might affect your case, you are advised to contact Jackson, MS personal injury attorney William E. Ballard today. Some laws, depending on the circumstances surrounding the matter, may require the plaintiff in the case (which would be the person seeking compensation for their losses/injuries) to notify the other party that they intend to sue. Failure to follow the required steps could result in your lawsuit being thrown out.
Another important law you need to be aware of is the statute of limitations. Every state, including MS, has set a statute of limitations (i.e. deadline) for how long a medical malpractice victim has to file a lawsuit against a party whom they believe to be negligent. In MS, a patient or their surviving family member is given two years from the date the injury occurred, or they became aware of their injury or condition to file a lawsuit against their doctor or the facility where the procedure was performed.
Although two years may sound like a long time, it does go fast and the longer you wait to contact a lawyer who can help you file your lawsuit, the more likely certain evidence could go “missing.” Therefore, it would be in your best interest for you to contact Ballard Law, PLLC to speak with an injury lawyer in Jackson, MS who is familiar with medical malpractice cases and can determine what sort of action needs to be taken to address and resolve your issue.
If you would like to speak with attorney William E. Ballard to discuss what happened and why you think your physician may have made a mistake during surgery, you can contact our office now at 769-572-5111.
You can reach Ballard Law, PLLC at:
108 S. President Street
Jackson, MS 39201