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According
to statistics, almost 200,000 persons are killed in the United States alone every
year because of medical errors. So much more have suffered death and injury all
over the world.
Grounds for Medical Malpractice
Cause
of damage is the main legal concept of a medical malpractice claim. The plaintiff or
the patient, or the patient’s representative (In case of the patient is
deceased or unable to appear in court) must establish a strong basis for a successful
lawsuit case.
The
following points must be strongly established by the plaintiff to ensure a successful
medical malpractice lawsuit claim.
- A legal duty must be established between the patient and the health care provider. This means that the patient must have received or paid treatment from the doctor or hospital.
- The legal duty of the health care provider to the patient was breached. This means that the treatment falls to the standard of medical practice.
- The patient received damage, injury, or death because of the breach. This means that the negligent act of the health care provider caused the patient damage, injury, or death.
Injury or damage will be established by a professional
and expert medical witness. The expert medical witness will determine if injury
was caused by negligence and if the injury would be avoided if were not to
negligence taking place.
Applying for a Medical Malpractice Lawsuit
Statistics show that almost 20,000 lawsuit cases are
applied against doctors alone each year. Studies also show that 3.08% of the total
hospitalizations from the year 2000 to 2002 have received improper patient
safety and care. And because of the increase of cases being filed against
medical professionals, some obtain professional liability insurance to cover up
the cost of lawsuits.
Common causes of malpractice claims are the following.
- Failed Diagnosis
- Failure of Treatment
- Errors in Surgery
- Drug Prescription Error
- Anesthesia Error
Applying for a medical malpractice lawsuit is a complex
and grueling process that will take time to get results. The best option to
before applying for a lawsuit case is to consult
with a medical malpractice attorney and establish a firm ground for a medical malpractice
lawsuit.
And if you are going to hire a malpractice attorney , you should choose the one who is well-trained and well-experienced.
ReplyDeleteLuckily, I haven't had any issues yet on medical negligence in my family or relatives. However, as I have read from different articles, printed and online, it shows how complicated it could be especially the part at which you would have to go through proceedings to claim compensation for medical malpractice.
ReplyDeleteMostly, the work of the medical malpractice lawyers are based on a contingency fee. That means, if your case does not win, you need not to pay. I think this is always a great idea and gives the confidence to the client in using the legal service.
ReplyDeleteMedical Malpractice Lawyers
Malpractice suits are really troublesome. But the feeling of winning the case is an overwhelming feeling. After a long process, you'll have justice with what happened to your loved one.
ReplyDeleteIf you been a victim of medical malpractice. Make sure you know what you have to do to pursue your case. There is always somebody who can help us Houston medical malpractice lawyer protect our rights to pursue compensation in the event that you are injured as a result of mistakes or negligence of medical practitioners. We deserve to know the truth on medical malpractice case.
ReplyDelete