Unique Aspects Of A Pascagoula Medical Malpractice Case

Medical malpractice is defined as a negligent action by a physician or other medical provider that deviates from standard procedure. Standard procedure is generally that procedure that is well-accepted in the medical community. Mississippi has broadened the definition of medical negligence and all the professions or entities that are covered by medical malpractice laws.

These professions and entities include hospitals, nursing homes, any in-house or outpatient type of medical facility, any type of physician, physician assistant, nurses, nurse practitioners, or physical therapist.

When a medical professional causes you harm due to their reckless actions, they could be held liable for damages. An experienced medical malpractice attorney could investigate the validity of your claim and help you hold the negligent party accountable for their actions. Speak to a skilled attorney to learn about the unique aspects of a Pascagoula medical malpractice case.

What is Medical Malpractice?

Mistakes in the medical arena are extremely common, and everyday medical practitioners make mistakes because it is extremely complicated being a physician or other medical provider. There are a lot of rules and regulations, and everybody is a little bit different, so certain symptoms may be masking underlying conditions that may not be diagnosed properly. Therefore, common mistakes are not actionable in the State of Mississippi.

There are many forms of medical malpractice. This could include:

  • Failure to diagnose or failure to render care
  • Delayed diagnosis
  • Misdiagnosis
  • Failures to remove instruments such as sponges and other types of instruments used in surgeries
  • Failure to follow the accepted standard procedure
  • Emergency room errors
  • Labor and delivery errors
  • Post-operative negligence

Proving Malpractice Has Occurred

When an individual sustains a severe injury or illness due to the negligence of a medical professional, it is best to retain the services of a seasoned lawyer. The medical malpractice attorney could investigate the incident and help injured claimants seek compensation for damages. The lawyer will have to verify that malpractice has occurred by seeking help from experts or other professionals in the same field.

Medical malpractice cases are not actionable unless an expert physician states under oath before a judge, jury, or by affidavit, and sometimes all, that there was a deviation from the standard practice. This means if a physician fails to diagnose an injury or a patient’s condition correctly, another physician has to come in and say in a court of law that the other physician deviated from the standard practice according to certain guidelines. Those guidelines can be according to the American Medical Association, by standard education in medical school, or standard treaties published in medical literature.

Filing a Claim Against a Governmental Entity

The only hospital in Pascagoula is a county hospital, which is a separate governmental entity regulated by the State of Mississippi. The hospital receives most of its funding from federal and state sources. The importance of the local hospital being a governmental entity can make a medical malpractice case complex. Anytime an action is brought against a governmental entity in Mississippi, it must be filed within one year from the date of when the negligence occurred.

The other unique aspect of medical negligence cases against the governmental entity is that there are strict notice requirements, and numerous cases have been dismissed, based on the fact that people did not file the proper notices. That is what is called the Mississippi Tort Claims Act, which requires that certain things be provided in a letter to the hospital, and has to be served on the proper governmental entity and the person with authority to act on behalf of that governmental entity.

Schedule a Consultation with a Medical Malpractice Attorney

It is extremely complicated and difficult to bring the case against the medical provider in the State in Mississippi. The attorneys who have experience in medical-malpractice cases know how complicated and difficult those types of cases are. A diligent attorney could help you understand the unique aspects of a Pascagoula medical malpractice case and advise you on what to expect as well as what must be overcome to be successful in these types of cases. Schedule a consultation today to get started on your case.