As per the Journal of the American Medical Association or JAMA, medical negligence is certainly the third leading cause of death among the Americans, right after heart issues and cancer. In the year 2014, more than $4 billion were spent in paying for medical malpractice claims which averaged to 1 payout every 30 minutes. Doesn’t this sound alarming? If you think that there are no ways in which you can avert this sad part of the statistics, you’re wrong. To your best, you can seek the help of a medical malpractice attorney.
If you wish to know some of the most important facts on medical malpractice, you’ve clicked on the right post as we’re going to discuss the vital essentials on this. Scroll down for more detail.
Medical malpractice – The legal definition
Whenever a medical care provider deviates from the care and treatment standard that is recognized during treating a patient, it is called medical malpractice. Anything that a prudent medical provider would have done or wouldn’t have done in similar circumstances is called the standard of care. In a nutshell, it clearly means whether or not the provider is negligent about the treatment of the patient.
How to decide whether a person is a victim of medical malpractice
Someone can make a medical malpractice claim when the negligence of the medical provider leads to an injury or damage of the patient. Nevertheless, that doesn’t always mean that experiencing a bad result is always a result or evidence of medical negligence. If the medical provider writes a quick letter of apology, this would prevent a future claim and also open up opportunities for settlement without the requirement of any kind of litigation. The insurance companies usually wish to settle directly with the injured person and this lets them do so before they get to know in detail on the injuries.
You need to take note of the fact that prosecution of medical malpractice cases, besides being more likely to face failure can be too time-consuming, stressful and expensive. There are ruthless estimates that medical negligence cases kill more than 200,000 patients in a year. Yet, just 20% of the personal injury lawsuits involve medical malpractice claims and more than 80% of them result to no payment, no matter how seriously the patient might have been injured.
What should you do if you suspect medical negligence?
The foremost step that you should take is to contact a seasoned malpractice attorney. As long as a thorough review of the details of the case is concerned, you should secure the pertinent medical records and interviews with the family members, patient and his friends. The attorney will henceforth decide whether or not the case is actionable.
So, if you have your loved one admitted in a hospital and you’re suspecting some level of medical negligence and malpractice, take proactive steps to stop this. Hire an experienced attorney who can guide you with the steps that you can take to pursue your claim.
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