Medical Malpractice

Medical malpractice claims: negligence, damages, who brings the claim, when to act

Negligence is required for HIGGINS LAW, LLC to pursue your medical malpractice case. A medical professional (such as a doctor, nurse, etc.) must have done something wrong for you to have a case. Since medicine is not an exact science, medical providers must make a judgment call in deciding what is the best medical care for the patient, so how do you know a mistake has been made? Sometimes it is not obvious.

The way the law determines whether there is negligence is by comparing the decision that your medical provider made with what other medical providers practicing in the same geographical area and having the same kind of job or speciality would have decided under the same circumstances. Different providers can have different opinions and not be negligent, however. There could be more than one correct way to treat a medical problem, but if your medical provider made a decision that other medical providers in the same area of the country with the same speciality would say was wrong, i.e. that you should never have been treated that way, or would find the treatment shocking or outrageous, your medical provider may well have been negligent. It is not always clear whether there was negligence under the law sufficient to bring a medical malpractice case though, and this is why it is important to contact HIGGINS LAW, LLC right away. HIGGINS LAW, LLC combines the expertise of the experienced medical malpractice lawyer with an experienced medical expert of the same specialty as the defendant to determine whether or not the medical mistake made and the resulting injuries combine to a strong case for which the law allows compensation. In the beginning, the a review of the medical records allows us to see what medical problems were and what treatment was given, to see whether the treatment was appropriate under the circumstances given current medical standards and trends.

Some examples illustrate: If a small child is treated with an adult dose of radiation that causes that child to have a heart attack or stroke resulting in permanent brain damage, it would appear that the mistake of the overdose was negligent, barring any good medical reason for the large dose, and the resulting brain damage compensable. In another example: An overweight older man who is a smoker who comes to the emergency room with chest pains and numbness in his left arm is not checked for heart trouble, despite his higher risk given his gender, age, weight, and being a smoker, and his classic symptoms of chest pain and numbness in his left arm (absent other explanation for the symptoms). If the doctor fails to take appropriate action, such as listen to his heart, perform a stress test, or have an EKG done, and instead sends the man home where he dies within the hour of a heart attack, there could be negligence. To determine negligence and see whether HIGGINS LAW, LLC, believes the negligence can be proven in court, the experienced expert lawyer and medical provider review the medical records. (In asking for your records, NEVER say you need them for a potential medical malpractice claim.)

There are many different circumstances that can constitute negligence, so it is best to provide HIGGINS LAW, LLC, with the medical records for review where possible to see whether a case is legally sufficient for pursuit through trial. This is one of the many important reasons to contact HIGGINS LAW, LLC immediately with any concerns you have about possible medical malpractice.

Where there is negligence, there may be a case HIGGINS LAW, LLC can pursue for you. There must also be damages. Damages are the losses suffered, that is, there must be injuries as a result of the negligence and some permanent damage, disability or death. The losses include the cost of the medical care needed to treat the injuries caused by the mistake and the permanent disability (or death) suffered as a result of the injuries. While you do not have to pay any lawyer’s fees “up front”, the law firm anticipates investing tens of thousands of dollars of attorney time and costs into proving your medical malpractice claim, so the damages suffered must be serious enough for the law firm to believe that a jury is likely to render a verdict that will pay back this investment in the case and still leave enough to fully compensate the victim(s) of the medical malpractice. Experienced lawyers and expert medical consultants work together to perform a complete analysis of the medical records and talk to the victim(s) or heirs of the medical negligence to make a judgment call as to whether we believe the case is one that will support the cost of proving the case at trial and still provide our clients just compensation for the losses suffered. Due to the high cost of litigation, we can only accept cases where a serious permanent injury has been sustained or death has occurred as a result of the medical negligence. Call HIGGINS LAW, LLC today to tell us all about your case, so we get started with that expert analysis.

Many adults who have suffered injuries as a result of medical malpractice are either so disabled from the medical negligence that they no longer can act on their own behalf, or they have passed away as a result of the medical malpractice. Loved ones often bring the matter to our attention, provide us with the facts, and the experienced lawyer can advise who has standing to bring the claim if the injured person is not able to do so on their own. When an adult passes away as a result of the medical malpractice, a estate is opened to bring the claim on behalf of the decent’s estate, and the heirs to the estate such as the decedent’s widow, widower, minor children, or other dependents ultimately receive the net settlement funds. When a child is a victim of medical negligence, it is usually the parent(s) of the child who bring the claim on the child’s behalf, then at settlement, some compensation is often given to the parents and arrangements made to secure the child’s settlement for the benefit of the child for ongoing medical care and other needs that arose as a result of the medical negligence.

Medical malpractice law provides for only a very short statute of limitations, which means if you do not bring a lawsuit regarding the claim quickly enough, it can be forever barred, so you must act quickly. Do not despair if it has been a long time though, because some types of claims, such as a criminal wrongful death have much longer statutes of limitations. Please contact HIGGINS LAW, LLC, today to have experts consider the facts and review the medical records to analyze whether your potential medical malpractice case so a lawsuit can be timely filed to reserve the right to compensation. Email or call HIGGINS LAW, LLC, today to discuss the facts of your medical malpractice case. We look forward to discussing the matter with you at NO CHARGE. is the email address and (863)325-0343 is the telephone number. Do not delay. Contact HIGGINS LAW, LLC today.