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Bellevue Medical Malpractice Attorneys
Helping Victims of Medical Negligence in Nebraska
When you go to a doctor or hospital, you expect to receive a certain level of care. Unfortunately, medical errors are far too common and can lead to serious, life-altering injuries. If you or someone you love was harmed as a result of a medical professional’s negligence, you may be entitled to monetary compensation.
Our Bellevue medical malpractice attorneys at Cullan & Cullan are passionate about helping the victims of negligence. We have a long track record of success and have recovered millions of dollars for our clients.
Call our office today at (402) 882-7080 or contact us online to discuss your case with a member of our legal team.
What is Medical Malpractice?
Medical malpractice refers to situations where a healthcare provider, such as a doctor, nurse, or hospital, fails to provide proper treatment, deviates from accepted medical standards of care, or acts negligently, resulting in harm to a patient. This harm can be physical, emotional, or financial.
Here are some common types of medical malpractice cases:
- Misdiagnosis: Occurs when a healthcare provider incorrectly diagnoses a patient's condition or fails to diagnose it altogether, leading to delayed or improper treatment.
- Failure to diagnose: Similar to misdiagnosis, this happens when a healthcare provider fails to identify a patient's condition, leading to delayed treatment or lack of treatment entirely.
- Prescription errors: These can involve prescribing the wrong medication, incorrect dosage, or failing to consider potential interactions with other medications or patient allergies.
- Anesthesia errors: Mistakes made during anesthesia administration, such as administering too much or too little anesthesia, or failing to monitor the patient's vital signs properly during surgery.
- Birth injuries: Injuries sustained by a newborn or mother during childbirth due to medical negligence, such as improper use of delivery instruments, failure to monitor fetal distress, or delayed emergency interventions.
- Surgical errors: These can include performing the wrong procedure, operating on the wrong body part, leaving surgical instruments inside the patient, or making errors during the surgery that lead to complications or further injury.
- Emergency room errors: Mistakes made in emergency room settings, such as misinterpreting symptoms, delays in treatment, or improper triage, which can result in serious harm or death to patients.
- Medication errors: Any mistake in the prescription, administration, or monitoring of medication, including prescribing the wrong drug, incorrect dosage, or administering medication to the wrong patient.
How to Prove Medical Malpractice
In Nebraska, like in many other jurisdictions, to succeed in a medical malpractice lawsuit, you typically need to prove the following elements:
- Duty of Care: The healthcare provider owed a duty of care to the patient. This means that there was a professional obligation to provide treatment in accordance with accepted medical standards.
- Breach of Duty: The healthcare provider breached that duty of care. This means that the provider failed to act as a reasonably competent healthcare provider would under similar circumstances. It involves showing that the provider's actions or omissions deviated from the accepted medical standard of care.
- Causation: The breach of duty directly caused harm to the patient. You must establish a causal connection between the healthcare provider's negligence and the harm suffered by the patient. This requires showing that the harm would not have occurred "but for" the provider's breach of duty.
- Damages: The patient suffered actual damages as a result of the healthcare provider's negligence. These damages can include physical injuries, emotional distress, additional medical expenses, loss of income, or other economic or non-economic losses.
In addition to these elements, there are specific procedural requirements and deadlines for filing a medical malpractice lawsuit in Nebraska. For instance, Nebraska law typically requires the filing of a certificate of merit or affidavit from a qualified medical expert stating that there is a reasonable basis for the lawsuit.
Medical malpractice cases are complex and can be challenging to navigate. Consulting with an experienced medical malpractice attorney in Nebraska is essential for understanding the specific legal requirements and building a strong case.
Why You Need a Medical Malpractice Lawyer
Medical malpractice cases are often complex and require a significant amount of time and resources. For this reason, many law firms are hesitant to handle these types of cases. At Cullan & Cullan, we are not. Our medical malpractice lawyers in Bellevue have the knowledge, skills, and resources to effectively litigate these types of cases. We are not afraid to take on powerful hospitals and insurance companies.
Our attorneys are also medical doctors. This means that we can review your medical records, consult with medical experts, and determine whether or not you have a case. We can also evaluate the amount of compensation you are likely to recover and guide you through every step of the legal process. We can help you file a timely claim and ensure your rights are fully protected.
Call Cullan & Cullan today at (402) 882-7080 or contact us online to schedule a free consultation with one of our medical malpractice attorneys in Bellevue.