1st Nov 2016
Medical negligence is the third leading cause of death in the United States. It may seem unlikely, but it’s true. That means that it isn’t as devastating in numbers as heart disease or cancer is– but it’s close. On a personal level, it can seem like the pain from losing anyone due to medical malpractice is unending.
Unfortunately, billions are paid out for malpractice suits every year. Read on to find out more about malpractice in the medical field so you’re up to date.
Medical malpractice could happen to anyone– an alarming realization, to say the least. The legal definition of this term is when a health-care provider does not provide the standard of care when it comes to treating a patient. Whether they deviated from this standard of care will essentially prove whether they were negligent. However, it’s tough to prove that someone is negligent when it comes to the medical field in a court of law.
Individuals or relatives of an individual may be able to file a malpractice claim if negligence by a provider causes injury, damage, or death to a patient. Not all ill results are the result of medical negligence, however; sometimes a patient cannot be saved and there was no mistake. Some providers will give their opinion that a previous provider offered them negligent care and even confess their mistakes if they have made them along with an apology. However, some apologies may be conscious bids to own up to a mistake and hopefully avoid being sued, so be aware.
The insurance companies may want to settle with the injured party directly before full injury disclosure occurs that could up the amount of the settlement they are instructed to dole out. A qualified medical malpractice attorney may be able to tell you whether you have enough for a case. Do not just assume that you could not win a case!
Medical errors kill thousands of patients in the United States every year, yet the amount of personal injury lawsuits filed that involve medical malpractice is vastly lower than that and the amount that receive compensation is still smaller. It would not be unusual for your lawyer to only pursue a case of this nature if they feel that the documented injuries and damages are substantial and the case has a good chance of winning.
Contact an attorney if you or someone you know has been subjected to negligent care to find out whether you have an actionable case. They’ll need to review everything and talk to family and friends, and states do have different statutes of limitation. Many patients fear that speaking up will increase their medical care costs or doctors will refuse to treat them. Don’t be intimidated by the medical system or let your fear that you will lose access to healthcare stop you from pursuing justice. Although many doctors are qualified physicians, they should not be exempt from negligence. If you or someone you know needs to contact legal help to figure out whether they have a case, contact a qualified legal team today and go for the compensation you deserve.