15th May 2015
The following is a review of medical malpractice, and 10 things you ought to know about them.
1. Medical malpractice is the 3rd leading killer in the US
If a survey published by the Journal of America Medical Association is to be believed, medical malpractice ranks as the 3rd leading cause of death in the US. In the year 2012 alone, around $3 billion was utilized in medical negligence claims settlements. This averages to a payout after every forty three minutes.
2. What is medical malpractice?
Medical malpractice occurs when a physician acts in disregard to the accepted standards of healthcare. Which simply means a doctor failing to do what is necessary under similar circumstances. Essentially medical malpractice equates to gross negligence on the part of the healthcare provider.
3. How can you ascertain that you are a victim of medical negligence?
A medical malpractice claim is upheld when a physician negligence leads to injuries or damages to the patient. However, determining if your claim is valid is often a bothersome endeavor. Insurance firms generally prefer dealing directly with the injured party, which allows them to settle before the full extent of the injury is determined. They also loathe dealing with a medical malpractice attorney whose involvement can significantly increase the settlement amount. Prosecuting such lawsuits also bears a high risk of failure, and most seasoned lawyers don’t take them unless the injuries are well documented.
4. What can you do if you are victim of medical malpractice?
The most important step you could ever take if you are convinced that you are a victim of medical negligence is enlisting the services of an experienced medical malpractice attorney promptly. Such a professional can extensively evaluate all the particulars of you case. This includes gathering critical medical records, and also interviewing you , your family and close friends. It is also vital to understand that there are statutes of limitations imposed on such lawsuits. Which are timelines when such a case can be filed or barred permanently and they vary from state to state. There are also procedural prerequisites that define how a medical negligence lawsuit can filed. To this end, it is prudent to seek the assistance of a medical malpractice attorney that practices in the state where the negligence happened.
5. What can you do to prevent the probability of falling prey to medical malpractice?
It is highly advisable to take a proactive role in your healthcare. You ought to carry comprehensive research on your condition as well as document all the symptoms you exhibit. Also take time to question your physician on issues that may be unclear. You can also have a close relation accompany you to your critical medical appointments.
6. What is the general perception of medical negligence?
Medical malpractice claims are declining, but their general perception is different. Many states have gone on to impose limits on damages patients can be awarded. This greatly affects individuals with severe injuries, especially those that are obliged to seek medical attention for the rest of their lives.
7. Why are legitimate claims not pursued?
Some patients opt not to pursue medical malpractice claims for several reasons. To begin with, some are worried that other doctors will withdraw their services when they learn of their cases. Others worry that it can lead to an escalation of their healthcare expenses. While others think that it is very expensive to pursue litigation.
8. Are there specific medical procedures that lead to medical negligence?
Irregular test that are inaccurately interpreted or disregarded by physicians tend to lead to medical malpractice.
9. What should be your perception of doctors?
Physicians shouldn’t be treated differently if their actions cause injuries to their patients.
10. Always get a second opinion
Never be afraid of trying out a new doctor if you feel you aren’t receiving adequate healthcare. Your health is far too important to place it on the hands of a physician that you don’t trust.
If you or a loved one has suffered from medical malpractice in Orlando, FL, contact the Law Offices of Payas, Payas, and Payas today!