When medical treatment goes awry, the consequences can be life-altering. At Hearn Law Firm, we stand ready to champion the rights of victims of Tupelo medical malpractice. Our firm is committed to providing victims and their families with the representation they deserve. In the complex area of medical malpractice, we understand the nuances of healthcare regulations to seek justice and compensation for our clients. Whether it’s a case of misdiagnosis, surgical error, or any other form of medical negligence, Hearn Law Firm has the support and advocacy to ensure your voice is heard. Contact our Tupelo personal injury attorneys today to start your path to getting the compensation you deserve.
Why Hearn Law Firm Excels in Tupelo Medical Malpractice Claims
Hearn Law Firm excels in handling Tupelo medical malpractice claims for several key reasons that set us apart in this challenging field:
- Knowledge of Medical Malpractice Law: Our team is knowledgeable in the intricacies of medical malpractice law, including an understanding of Mississippi’s healthcare regulations and standards of care.
- Personalized Approach: We take a personalized approach to each case, recognizing that every medical malpractice claim involves unique circumstances and personal stories.
- Network of Medical Experts: We are connected with a strong network of medical experts to review case details and testify if required.
- Effective Negotiation and Litigation Skills: We have a proven track record of negotiating favorable settlements and litigating complex cases. Whether negotiating with healthcare providers and their insurers or presenting cases before a jury, we will fight to get you the compensation you deserve.
- No Upfront Costs: Recognizing the financial strain that medical malpractice can place on victims and their families, we offer our services on a contingency fee basis and align our success directly with the success of our clients.
How Our Tupelo Medical Malpractice Lawyers Will Assist You
A lawyer is crucial in a Tupelo medical malpractice given the complex language and procedures in the intersection of the medical and legal fields. Our Tupelo medical malpractice lawyers provide several services, including:
- Case Evaluation and Consultation: We’ll start by offering a thorough case evaluation, reviewing medical records, and consulting with you to understand the circumstances surrounding the alleged malpractice. This initial step is crucial for determining the likelihood of your claim based on a breach of the standard of care and resulting harm.
- Medical Expert Collaboration: Medical malpractice claims hinge on expert opinions to establish what the standard of care was and how it was breached. We have a network of medical experts across various specialties whom we rely upon.
- Handling Insurance and Hospital Negotiations: Our Tupelo medical malpractice lawyers are skilled in negotiating with hospitals and insurance companies. We will make sure that you do not get low-balled and if necessary, are prepared to bring your case to trial.
- Calculation of Damages: Determining the full extent of damages in a medical malpractice case, including both economic and non-economic damages, requires knowledge of what the law entails. Our lawyers will accurately calculate these damages.
Standard of Care and Certification in Tupelo Medical Malpractice Claims
In Tupelo, the framework for medical malpractice claims is built on the principle that healthcare providers must adhere to a professional standard of care. Mississippi Code Ann. § 11-1-58 provides:
“In any action against a licensed physician, health care provider or health care practitioner for injuries or wrongful death arising out of the course of medical, surgical or other professional services where expert testimony is otherwise required by law, the complaint shall be accompanied by a certificate executed by the attorney for the plaintiff declaring that… The attorney has reviewed the facts of the case and has consulted with at least one (1) expert qualified pursuant to the Mississippi Rules of Civil Procedure and the Mississippi Rules of Evidence who is qualified to give expert testimony as to standard of care or negligence and who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action, and that the attorney has concluded on the basis of such review and consultation that there is a reasonable basis for the commencement of such action…”
Failure to meet this standard, resulting in patient harm, establishes the grounds for a medical malpractice lawsuit. Given the significant impact of frivolous medical malpractice claims on the healthcare system and professionals, Mississippi law mandates the submission of a certificate of consultation alongside the complaint. This certificate, as detailed, confirms that the attorney has engaged with at least one qualified expert who supports the merit of the claim based on an informed review.
Damages in Tupelo Medical Malpractice Claims
Damages are the monetary award used to compensate the victim due to the Tupelo Medical Malpractice injury. Damages fall into three categories – compensatory (also known as economic), non-economic, and punitive damages.
Compensatory damages are intended to compensate the victim for both tangible and intangible losses. This means actual damages, which cover quantifiable financial losses such as medical bills, lost wages, and rehabilitation costs, can be fully recovered based on the evidence presented.
Non-economic damages include compensation for pain and suffering, loss of consortium, loss of enjoyment of life, and other similar losses that are more difficult to quantify in monetary terms. Mississippi law limits non-economic damages in medical malpractice cases to $500,000. This cap was established to prevent disproportionately large awards that could destabilize the healthcare system and increase insurance premiums for healthcare providers.
Punitive damages in Mississippi are awarded only in cases where the defendant’s actions show actual malice, gross negligence, or a reckless disregard for the safety of others. Mississippi caps punitive damages at two percent (2%) of the defendant’s net worth, up to a maximum of $50,000,000, providing a safeguard against punitive damages that could be financially devastating to healthcare providers while still allowing for punishment in the most egregious cases of malpractice.
Contact Our Tupelo Medical Malpractice Attorneys Today
If you or a loved one has experienced Tupelo medical malpractice, our dedicated team at Hearn Law Firm is here to help. With a commitment to justice and a thorough understanding of Mississippi’s medical malpractice laws, you will have a partner with the resources and dedication necessary to pursue the compensation you deserve. Don’t let opposing insurers bully you into getting anything less than you deserve.
Contact Hearn Law Firm today to schedule a consultation with our experienced Tupelo medical malpractice attorneys. Let us guide you through this challenging time with the professional representation you need to move forward.