Medical malpractice is a known fact that can incur irreparable damages to you and the people that surround you. Though we see our physicians and other medical authorities to be modern heroes of our time, we can’t deny the fact that they, too, are humans and are susceptible to mistakes.
However controversial medical negligence may be, we still have to separate fact from fiction. Here are the 6 facts you must know about medical practices.
1. Medical Malpractice is the third leading cause of death in the US
A report from Johns Hopkins Medicine in 2016 stated that a third of the fatalities in the US resulted from medical errors. As per their data, 250,000 patients per year are dying due to the incapacity of medical doctors to properly care for their patients. Their patient safety experts say that the CDC’s collecting mechanism does not identify medical errors in the death certificates separately and are thus not given much attention.
2. Misdiagnosis is the most common of them all
Among all the medical negligences that are heard in court, the most frequent case is a misdiagnosis of an illness. The aftermath of this incorrect determination of sickness can range from bad to worst. However, there are cases where the patient misses the opportunity to seek proper treatment before it gets out of control and completely takes over the body. There are a few brain injury types that can be attributed to administering the wrong medication as a result of misdiagnosis. Surgery malpractices can also contribute to the development of brain injuries in patients.
3. US law sees medical negligence and malpractice as one and the same
The legal definition of medical malpractice is that act where the medical provider negates from the recognized “standard of care” in treating a patient. “Standard of care” in this context is defined as what a medical provider would or wouldn’t do based on his better judgment if confronted with the same situation or predicament. Therefore, the negligence of the physician or healthcare provider has resulted in medical malpractice.
4. There are four basic requirements in order to support a medical malpractice claim
- There has/had a doctor-patient relationship.
- It needs to be proven that there is negligence on the part of your doctor.
- The negligence has caused you harm.
- The injury led to specific damages.
5. A medical malpractice case can be lengthy and complex
There will need to be experts from the medical community to reinforce your claim and that it should be ascertained that what the medical professional/s has done is below standard practice. Witnesses as to the severity of your injuries and their cause will need to take the stand and affirm your case.
6. Medical malpractice cases are not money-draining
They are more often taken as contingency cases - meaning the lawyer will have his or her compensation depending on the outcome of the case.
Medical malpractice cases have a very wide range of scope, from the incorrect administration of medications or treatment to serious injuries from surgical procedures. One other fact that has to be said, in medical malpractice cases, the burden of proof always lies with the plaintiff.
