Jackson Medical Malpractice Lawyer

If you’re facing the aftermath of medical negligence in Jackson, MS, finding the right medical malpractice lawyer is your first step towards justice. It’s essential to hire an attorney who not only understands the complexities of medical law but also has a proven track record of advocating for victims.

For nearly three decades, the Jackson medical malpractice lawyers at Giddens Law Firm has been helping injury victims with their medical negligence claims. We understand how difficult these claims can be and we have the resources necessary to help. Contact our Jackson personal injury lawyer today to schedule a free consultation and begin the process.

Choosing a Medical Malpractice Attorney in Jackson, MS

There are a few factors you need to consider when choosing a medical negligence attorney:

• Experience: When choosing a medical malpractice lawyer, consider the attorney’s qualifications. You need someone with a robust background in medical malpractice law. Their expertise and knowledge are crucial for navigating the complex legal landscape of medical negligence cases.
• Reputation: Don’t overlook the importance of client testimonials. These firsthand accounts give you insight into the attorney’s success rate and how they handle cases. Positive feedback from previous clients can be a strong indicator of the attorney’s capabilities and professionalism.
• Resources: A medical malpractice claim will need expert opinions on what caused the injury to you or a loved one. Your lawyer will need to have the resources available to prove negligence occurred. They will need to speak to medical professionals and expert witnesses. If your lawyer does not have access to medical professionals, this could hurt the chances of your case.
• Communication and Availability: You want to hire a lawyer who you feel comfortable when talking with. You want an attorney who will be available to answer all your questions. If you do not feel comfortable with your attorney, or they can’t effectively communicate the details of your case, you may want to hire another medical malpractice lawyer in Jackson.
• Fee Structure: Fee structures are another vital aspect. Most medical malpractice attorneys work on a contingency fee basis, meaning they only get paid if you win your case. Understanding their fee structure upfront can save you from unexpected expenses later on.

The initial consultation is your opportunity to gauge the attorney’s specialization in medical malpractice cases. It’s also a chance to assess how well they understand your case and if they’re the right fit for you.

Choosing an attorney with a specialization in medical malpractice ensures they’re well-equipped to handle the unique challenges your case presents.

Proving Negligence in Jackson Medical Malpractice Cases

Establishing negligence in medical malpractice cases is the cornerstone of a successful claim. It is is up to your attorney to prove that the healthcare provider failed to meet the standard of care expected, causing your injury. Your medical records are essential to your case since they will show how the medical professional’s actions deviated from accepted medical practices. These documents serve as the backbone of your case, offering a detailed account of the treatment you received.

To solidify your claim, expert testimony will also be needed. Medical experts can explain complex medical procedures and describe how the standard care wasn’t met, providing a bridge between the technical aspects of your treatment and the legal requirements for negligence.

Furthermore, your medical malpractice lawyer must establish causation proof, demonstrating a direct link between the healthcare provider’s negligence and the harm you suffered. This involves showing that your injuries weren’t pre-existing and directly resulted from the provider’s deviation from standard care.

Compensation Available For a Jackson Medical Malpractice Claim

Victims of medical malpractice in Jackson, MS, can pursue compensation for their suffering and financial losses. There are two types of compensation you may be eligible for: economic and non-economic damages.

Economic damages are any financial losses you experienced because of the injury, which include your current and future medical expenses, wage loss, and, if you lost a loved one, funeral expenses.

Non-economic damages cover non-financial losses you and your family experienced, such as pain and suffering, emotional distress, loss of consortium, loss of companionship, and loss of enjoyment in daily lives.

In some rare cases, you may also receive punitive damages, which are meant to punish the medical professional’s behavior.

Insurance negotiations are a critical part of securing the compensation you deserve. It’s not just about covering the immediate bills; it’s also about ensuring you’re compensated for emotional distress and the potential long-term impact on your quality of life. Emotional distress is as significant as physical injuries, and your settlement should reflect that.

Types of Medical Malpractice Cases in Jackson, MS

There are several types of medical malpractice cases that happen in Jackson, MS. Some of the most common types include:

• Misdiagnosis or Delayed Diagnosis: Misdiagnosis rates are alarmingly high, often leading to delayed treatment or incorrect management of diseases, gravely affecting your health.
• Surgical Errors: Surgical errors range from operating on the wrong body part to leaving surgical instruments inside the patient, resulting in severe complications or even death.
• Birth Injury: Birth injuries are particularly devastating, impacting newborns with lasting disabilities due to negligence during delivery. These can include fractures, nerve damage, or lack of oxygen to the baby’s brain.
• Pharmacy Errors: Pharmacy mistakes, though less discussed, are equally dangerous. They involve incorrect medication being dispensed or wrong dosage instructions, potentially causing adverse reactions or failing to treat the condition.
• Anesthesia Errors: Anesthesia complications are also a significant concern in Jackson. Improper dosage or failure to consider a patient’s medical history can lead to life-threatening conditions or permanent injury during surgery.

Each of these types of medical malpractice cases requires a skilled Jackson medical malpractice lawyer to navigate the complexities and fight for the justice and compensation you deserve.

The Legal Process In Medical Malpractice Cases

Navigating the legal process in medical malpractice cases requires understanding the steps involved, from filing a lawsuit to potentially reaching a settlement or going to trial. It’s a journey that demands a solid grasp of court procedures and a strategic approach to each phase. 

Often, medical malpractice cases are settled out of court. Settlement negotiations can occur at any stage, even before the trial starts or during the trial itself. It’s a period where both sides negotiate a compensation amount that’s acceptable to avoid the unpredictability of a trial verdict.

Before the trial officially starts, there are critical pre-trial motions that can shape the course of your case. These motions can address the admissibility of evidence or even dismiss parts of the case.

During discovery, both sides exchange information, including medical records and expert witness testimonies. Expert witnesses are important; they can provide the necessary medical opinions to support your claim.

If your case goes to trial, it’s important that you hire a medical malpractice attorney who has trial experience. They will be able to successfully represent you in court and prove your case to the jury.

Understanding these aspects will help you navigate the complexities of court procedures, from leveraging expert witnesses to engaging in settlement negotiations.

Statute of Limitations for Medical Malpractice Claims

Understanding the legal process in medical malpractice cases also means knowing the time frame you have to file your claim, known as the statute of limitations. According to Mississippi law, you have two years from the date of the malpractice occurred to file a lawsuit. However, there are exceptions to this rule:

• If the malpractice claim is being filed on behalf of a minor under the age of 6, the claim must be filed within two years of the child’s 6th birthday. 
• If the injured victim has a “soundness of mind” disability, they may be eligible to file a lawsuit up to two years after they’re no longer deemed with the impairment.

Contact a Jackson Medical Malpractice Lawyer Today

Reach out to a Jackson medical malpractice lawyer today to take the first step toward securing the compensation you deserve. Understanding the importance of an initial consultation can’t be overstated. It’s your opportunity to present your case, learn about the lawyer’s qualifications, and discuss fee structures without any commitment.