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How to Know If You Have a Medical Malpractice Case

Source: , Posted On:   09 March 2021

How to Know If You Have a Medical Malpractice Case - EconoTimes

Over the past several years, medical malpractice has risen to become one of the major causes of mortality in the United States. This is quite unfortunate, given that medical practitioners are the experts who are supposed to help patients with their recovery. Medical malpractice cases are complex; consequently, this has made victims unsure of whether their case is genuine or not. This is an issue that has negatively impacted many people since they opt not to proceed with litigation due to the overwhelming nature of this field.

Another factor that has made medical malpractice to be quite a confusing subject is the fact that different states have varying laws regarding medical negligence. This means that Nashville medical malpractice is quite different when you compare it with a state like Texas. Therefore, to avoid nullifying your claim, you should be aware of how med mal cases are litigated, particularly in your state.

By understanding the basics concepts in this field, you can easily navigate your way to pursue justice. The following is an in-depth discussion of the various elements in medical malpractice to help you understand the field.

What is Medical Malpractice

Medical Malpractice refers to a negligent act caused by a healthcare provider, which results in an injury on the victim, or in some instances death. Each year, the number of medical negligence cases that are being filed against physicians in the U.S range between 15,000 to 20,000 cases. Medical negligence usually occurs due to misdiagnosis, surgical errors, wrongful administering of dosage, and anesthesia errors among other causes. In the United States, approximately 150,000 people succumb due to cases related to misdiagnosis. Generally, med mal cases that are caused by misdiagnosis tend to fetch larger damages.

Determinants of Medical Malpractice Case

Due to the high number of medical malpractice cases being filed, many jurisdictions have put in place several thresholds to validate the legitimacy of the claims. This has been done to prevent people who might want to take advantage of compensation which would make them file falsified claims. Therefore, before any claim proceeds to trial, it has to pass the following requirements.

Doctor-Patient Relationship

The first step of validating a claim is determining whether there was any relationship between the patient and the doctor. Determining a doctor-patient relationship is relatively easy; if any records show the physician rendering the services, that can be proof enough.

Negligent Act

At this point, the standard of care is usually under scrutiny. The standard of care refers to the acceptable degree of care a medical practitioner should give whereby other physicians would act in the same manner given the same scenario. To determine the magnitude of the situation, expert witnesses in the same field are brought in to ascertain whether the truth. A deviation from the standard of care would justify the claim to be genuine.

Injury

Knowing that a particular doctor erred isn’t enough, the plaintiff has to establish that the physician’s actions or lack thereof caused the injury. In other words, there has to be a link between the injury and the negligent act. If the injury was caused by a pre-existing condition, it would invalidate the claim.

Damages

For the plaintiff to receive compensation, he or she has to show how the injuries resulted in damages. Some of the most common damages that victims of medical malpractice incur include lost wages, medical expenses, pain and suffering, and accruing medical bills. The plaintiff can provide various medical bills and report acquired from other doctors to verify the claim.

Importance of Having an Experience Medical Malpractice Lawyer

Medical malpractice law incorporates two complex fields of medicine and law. For a person to be successfully compensated, he or she would need the help of an astute lawyer. Experience lawyers have a good understanding of the medical field, hence proving to be resourceful in the pursuit of justice. A good attorney would provide the victim with adequate information thus aiding with the compliance of the entire legal processes.

Conclusion

Understanding the facts about medical malpractice law is a crucial step in determining whether you have a case or not. Although the points are provided above are few, they will help you get started in your litigation process.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes