According to the American Medical Association journal, medical malpractice is the third leading cause of death in the US. At least 195,000 patients die each year from mistakes that a doctor could have prevented. Between 1986 and 2010, an average of 15,000 to 19,000 medical malpractice cases were filed against doctors annually, and $38.8 billion was given as compensation.
Medical malpractice occurs when medical personnel or the hospital through negligence causes an injury to the patient. The failure might be due to misdiagnosis or health management errors. If this happens, you will need to consult a medical malpractice attorney. Medical malpractice lawyers such as www.wiltinjurylaw.com help the patients recover compensation from any injury caused by inadequate treatment.
Top 5 facts that you should know about medical malpractice
1. Malpractice and Severe Damages
Even if the doctor performed poorly, you cannot file a malpractice claim unless their negligence has caused you harm. The plaintiff’s attorney should avail enough evidence to prove that there was a breach of duty and another professional in the same field would have done a better job.
In case of a risky medical procedure, your doctor should warn you against the possible risks of a procedure. If a patient knows the risks involved in the process, they may choose either to proceed with the system or not. However, the doctor may be liable if the patient gets injured during the process and the injury had not been included in the risks mentioned to the client.
Medical malpractice can cause physical or mental pain to the patients, and they should be compensated. It can also lead to additional medical bills, which can be strenuous to the patient or their family. Whatever forms of pain the malpractice has caused you and your loved ones; you should inform your attorney so that it can be included in your claim. Sometimes, medical malpractice can cause permanent damages, which can inhibit your working capability.
2. Violation of Standard Medical Care
There are specific medical standards that each doctor should adhere to. These medical standards applicable to health care professionals are known as standard medical care. Every patient expects that their medical professionals will deliver medical care to these standards. If an injury occurred, and your attorney can prove that these standards were not met, negligence may be established, and he/she can file a claim.
3. Proving that Damage Was a Result of Negligence
Negligence is the failure to act with the same care as an excellent medical professional would. It should be a direct cause for your injury for it to qualify to be malpractice. After establishing a doctor-patient relationship, the doctor has a responsibility to offer proper treatment to the patient, which includes primary and standard guidelines.
If the doctor does not follow the standard medical guidelines, then the doctor has breached their duty. If, for instance, a doctor used un-sanitized tools on their patients, which later leads to infections, this can be termed as negligence, and the patient should be compensated. In this case, the malpractice attorney will need to prove that the disease was caused by the doctor’s failure.
4. Doctor-Patient Relationship
Just because you didn’t like the treatment or the results after treatment does not mean your doctor is responsible. You must prove that you had a doctor-patient relationship; this means you must prove that you hired the doctor and they agreed to be hired. You cannot sue a doctor you heard over the radio or cable-TV. However, if a doctor has diagnosed you and offered a certain solution, a relationship is formed. Therefore, you can sue them in case of injury caused by negligence.
5. Hire a Medical Malpractice Lawyer
If you have any injuries resulting from professional medical negligence, you should involve a medical malpractice attorney. The attorney will analyze your claim and help you to determine whether your case is viable. Also, you will be in a better position to maximize your settlement.
Top 5 Most Frequently asked questions answered
Q: How to know and find out if you have a case?
A: Because medical malpractice law is very complex, the best way to know for sure is for you to talk to an experienced medical malpractice lawyer. Tell them everything in depth. Answer all of their questions and be upfront.
Q: Who can you sue?
A: Any health care professional who has a working license can be sued. You can sue the doctors, nurse practitioners, or hospital staff. As long as your case is strong and you have evidence, your lawyer will help you make it happen.
Q: What happens if your doctor admits to making a mistake?
A: Sometimes doctors do admit that they have made a mistake, but it can be harder to make a case where they admit to giving you improper results. However, if their end results are far away from what you were promised, you were given pictures for comparison, etc, you can sue them, but only with a skilled lawyer.
Q: What are medical malpractice’s most common results?
You weren’t fully informed beforehand
The doctor did not determine the proper diagnosis of your condition
You weren’t treated the right way
Failed to anticipate a problem which they should have
Q: How to gather around & collect evidence to make a case?
A: In many cases, you will not be able to gather the evidence yourself since this type of paperwork doesn’t exist. This is why you should ask your lawyer to access medical records. The process can be slow & time-consuming which is why you need to be equipped with patience.
Build your case!
As you can see, there is a way to get compensated and to ease the pain of this difficult process. Every man or woman who has been unrightfully treated or has ended up with poor results can build a case. Make sure that you get an attorney who will prepare the case for you while making sure that you come out of it satisfied & optimistic.