According to JAMA (Journal of the American Medical Association), medical negligence is one of the biggest cause of death in the United States, right behind cancer and heart disease. We can say only that in the last year over $3 billion was spent on medical malpractice claims, which means that one payout is made on every 43 seconds. That is quite alarming.
However, there is the thing that you can do in order to avoid becoming a part of this statistics. The legal definition of medical malpractice is that medical malpractice happens when the provider of health-care deviates from the standard of care during the patient treatment. Standard of care is a reasonable thing that medical provider can and could have done under the similar circumstances. It is based on the idea that doctors and medical providers become negligent.
How to determine if someone was a victim of medical malpractice?
A malpractice claim is available if a medical provider causes damages and injury to a patient. However, you have to understand that bad outcome is not always a living proof of medical malpractice. Also, there are occasions where health-care providers and doctors will inform patient that person has received medical care that was negligent from the previous doctor, and sometimes the doctor will be honest and tell the patient that he has made a mistake.
Another factor that could determine the malpractice is an apology and honest answers that will prevent future claims, or provide the opportunity for some kind of settlement without legal litigation. Most insurance companies want to settle directly with an injured person, of course, if they can, because this allows them to do so for the injuries are known, and that way they are preventing patient to hire medical malpractice lawyer who could easily increase the amount of settlement and claim.
How to prosecute medical malpractice
It is important to note that medical malpractice cases can be really stressful, expensive and time-consuming. We understand that medical errors and malpractices kill two hundred thousand patients each year, and that is the reason why 15% of personal lawsuit involve medical malpractice. However, most of them end up without payment to injured patients and survivors.
In the same time, some attorneys will not pursue these particular cases unless damages and injuries are documented in records, and reviewed by an expert in order to justify it.
Is there a statute of limitations?
Most people are wondering what should they do if they are subjected to medical malpractice. You have to understand that contacting malpractice attorney is the first step that you have to take. When he/she reviews the case, which includes every relevant fact that could affect final outcome from pertinent medical records to interviews with friends, family members and patient, that will determine whether the case will succeed or not.
Whether you decide, you must have in mind everything that could affect the final result. If there is no relevant records and proof, you should pursue it because it will cause fall in the budget and ultimate stress because of failure.