Being that medical malpractice is known to be the third largest cause of death in the US after cancer and heart disease, it behooves the public to know just what is medical malpractice and how to go about avoiding becoming one more of the many alarming statistics.
What Is Medical Malpractice
In essence, medical malpractice is considered any negligence or deviation in standard medical practices, treatment or protocol by a health care practitioner which may result in injury and/or death to a person. As a means of self-protection, health practitioners opt to obtain professional liability insurance to help reduce the risks and expenses of lawsuits brought against them for medical malpractice. A startling 15,000 to 19,000 malpractice suits are filed against doctors on an annual basis; however, those are only the ones that have had good statistical records maintained and kept on file. Apparently, many malpractice suits seem to disappear between the cracks of today’s legal system.
The Malpractice Setting
We talked with The Gogel Law Firm about what it takes to establish a malpractice suite, and they said, “In order to establish a malpractice suit several factors have to first be involved. Even with a resulting injury or damages to the patient, this does not necessarily mean the physician or health care practitioner was at fault. In other instances, an adverse resulting medical condition may have been the fault of a previous physician’s work–or lack of it.”
Perhaps even the patient himself may have done something wrong. Obviously, lawsuits for malpractice constitute far more complexities than people may think.
What Four Elements Must Be Present In A Malpractice Case
- A legal duty is owed: this was established at the time a hospital, clinic or health care provider assumes the care or treatment of a patient.
- A duty has been violated or breached: there was a failure to administer standard and recognized care of the patient.
- The breach caused the immediate and direct cause of death or the injury.
- A clear and resulting damage must be present; moreover, without it there is no basis for a claim–even if the medical provider is guilty of negligence.
More Than Enough Grounds For Lawsuits
The Centers for Disease Control and Prevention estimates there are approximately 750,000 deaths that occur annually within hospitals due to in-house infections. With medical errors killing roughly 200,000 patients in the US each year, it is surprising to note that 80 percent of malpractice claims filed end with no compensation whatsoever to the injured patient or to their survivors.
What Chance Do You Have To Pursue And Win A Malpractice Suit?
In today’s legal system, successful malpractice suits are not a simple cake walk. As a result, experienced legal teams will not pursue a case unless the injuries and damages are substantial and can stand on their own under intense scrutiny by other experts.
What To Do In Your Own Defense If A Victim Of Malpractice
Seeking the advice of a reputable malpractice attorney should be foremost in your mind. A thorough review of your details with the substantial investigative resources at the attorney’s discretion will reveal whether there is hope for a successful case or not.
As a statute of limitations exists from state to state, be certain to obtain the consultation and guidance of an attorney where the actual malpractice claims took place–as soon as an injury or damage is perceived. However, the best protection is a proactive one: do your own research as to your condition, medical treatment and the protocol usually followed in your condition. Ask plenty of questions of health practitioners, take notes, and always take a friend or family member to the health care facility with you. Above all, don’t be intimidated by doctors or other members of the health establishment, and listen to your body as to what it tells you…
