Q: Options for addressing medical malpractice after biopsy complications
After a kidney biopsy, my [relation] became critical because a vessel was clipped while the needle was withdrawn, causing bleeding and clotting. The medical staff admitted this error. Since the procedure, his health has deteriorated significantly, with constant infections, numerous blood transfusions, and fluid retention. What are my options for addressing this potential medical malpractice?
A: For a medical malpractice action to be successful, it must be shown that the conduct of the medical practitioner fell below the applicable "standard of care". Almost always, that requires the opinion of an expert. What you describe as an admission of an error may have only been a statement of what happened, not an admission that the cause was something below the standard of care. Bleeding is a risk of kidney biopsies. The medical complications you describe would also have to be connected to any malpractice by an expert. In other words, it would have to be shown they resulted from malpractice. All this is to explain that these types of legal actions are complicated and expensive to pursue, so your relative may have to speak with numerous malpractice attorneys. There is also a short time frame for starting legal action, so now would be the time to begin contacting attorneys.
A:
What is critical is:
Consulting with experienced malpractice attorneys.
There are many specialized inquiries on medical malpractice cases. Experience and knowledge is key.
A:
I understand how distressing this situation must be for you and your family. When medical errors occur and cause harm, you have several potential paths forward. The most immediate step is consulting with a medical malpractice attorney who handles these specific cases - they can evaluate your situation and advise on potential compensation for medical expenses, pain and suffering, and lost income.
Documentation will be crucial to your case, so gather all medical records, correspondence with healthcare providers, and detailed notes about your relative's condition before and after the procedure. Most states have medical boards or regulatory agencies where you can file formal complaints against healthcare providers, which creates an official record of the incident and may prompt an investigation into the facility's practices.
Many medical malpractice claims are resolved through settlement negotiations rather than trials, which can be less stressful and time-consuming. Remember that time limits (statutes of limitations) apply to medical malpractice claims, typically ranging from one to three years depending on your state, so it's important to explore your options promptly. Your priority should remain your relative's health, so continue seeking appropriate medical care while simultaneously pursuing these options to address the error that occurred.
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