Medical Malpractice Negligence
Medical malpractice refers to preventable medical mistakes and negligence by professional healthcare providers that happen across the country with alarming frequency, rendering patients maimed, or deceased. According to an article published in the Journal of the American Medical Association (JAMA), over 225,000 people die every year due to medical malpractice, making medical negligence the third leading cause of death in
· 12,000 deaths/year from unnecessary surgery
· 7,000 deaths/year from medication errors in hospitals
· 20,000 deaths/year from other errors in hospitals
· 80,000 deaths/year from infections in hospitals
· 106,000 deaths/year from non-error, adverse effects of medication
Other areas of medical negligence are failure to provide any treatment or failure to properly treat a medical condition; failure to diagnose, delay of diagnosis, or misdiagnosis of an illness; failure to refer patient to an appropriate specialist or to refer for required testing; failure to inform the patient of the risks associated with invasive medical procedures such as surgery; surgical complications; failure to safely administer anesthesia; prescription errors and failure to correctly dispense medications; failure of a treating physician to follow-up on a patient’s condition; failure of medical staff to inform the treating physician of changes in a patient's condition; failure to prevent patient injuries (such as falls) on medical facility property; or any loss or injury caused by a departure from accepted standards of practice.
When mistakes happen, the effects can be devastating physically, emotionally, and financially. Often, the damage is irreversible, and can include loss of life, present and future suffering, present and future loss of earnings, loss of health insurance and cost of future medical care, loss of pension, loss of annuity, loss of future social security benefits, loss of parental guidance and nurturing, and in a spousal claim, loss of consortium, support and household help. Neither you nor your family should pay for these mistakes.
Surprisingly, statistics on medical malpractice reveal that for every medical error reported, over 50 go unreported. Don't pay for your healthcare provider's negligence. The law requires that physicians, as well as nurses, anesthesiologists, hospitals, pharmaceutical companies and other medical professionals, are held accountable for their mistakes.
Why Is A Medical Malpractice Lawyer Needed For Medical Mistakes?
Medical Malpractice cases are complicated matters. A medical malpractice attorney is needed to help a claim reach the courts in the fastest and most accurate and complete way possible. Furthermore, the insurance companies have been, and will continue to be, motivated by their own bottom line, not your best interest. They are paid to defeat your claim. An experienced medical malpractice lawyer will work with the hospital system & medical law system to find out what your rights and legal options are, and will fight for your legal rights while you or someone you know recover from a medical mistake or injury. Be aware of the statute of limitations, there are time limits within which you must commence suit, otherwise, even a valid claim, can be rendered invalid.
Have I Waived My Rights Because I Signed A Consent Form?
A consent form does not give the health care provider a license to commit malpractice. A typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, however, it does not relieve medical professionals from their duty to provide adequate treatment to patients.
What Is The First Step A Medical Malpractice Attorney Would Do In Pursuing A Medical Malpractice Claim?
If you suspect that you have been seriously injured by the actions of a doctor, insurance company, hospital, nurse, or other medical professional, it is important to contact an attorney to review the matter. A qualified attorney will consult with medical professionals; a process that often involves obtaining and reviewing medical records and other relevant information.
If it is determined that one has a good case, the next step is usually to give written notice of the claim to the individuals or entities that are believed to have committed the medical malpractice.
While the law varies from state to state, the information contained herein is general. Medical malpractice is ordinarily not based on strict liability or absolute standards. In other words, before liability or fault can be imposed against a doctor, it must be shown that he/she was at least negligent in treating the patient. Merely because a problematic result has been attained, does not mean the physician is liable for malpractice. The Plaintiff must prove that the conduct of the physician fell below the requisite professional standards, to be able to recover.
Generally, in order to successfully prevail in a claim of professional negligence, a plaintiff (injured party) must establish the following:
· A duty was owed: A legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient
· A duty was breached: The healthcare provider failed to conform to the applicable standard of care in his/her treatment of the patient
· The breach caused injury: The breach of duty must be the direct cause of the injuries to the plaintiff
- Damages: Injuries suffered by the plaintiff; physical, emotional, or pecuniary (Without damages, there is no basis for a claim, regardless of whether the medical provider was negligent)
Mashney Law Office understands the difficulty, pain and suffering associated with medical negligence and we are ready to help you. Our experienced attorneys vigorously pursue medical malpractice cases. Please call us at (800) 555-6655 or submit an online case evaluation. This is a FREE CONSULTATION. If we take your case, you will not have to pay money upfront. We get paid after and only if you get paid. Please call now since the passage of time may damage your rights to receive compensation.
