Medical malpractice is one of the leading causes of death in the United States. An estimated two hundred thousand patients die every year due to negligence by a healthcare provider. Here is a quick primer to help you learn more about this issue.
What is the meaning of medical malpractice?
Medical malpractice occurs when a medical professional does not follow standard treatment protocol in treating a patient, which results in injury or other damage to the patient.
How to determine if you have been the victim of medical negligence?
Often, a patient will find out too late that their health-care provider committed an error in treating them, which resulted in injury or harm in another form—for instance, worsening of an existing medical condition.
Most medical practitioners will inform the patient if a mistake has been committed by a previous healthcare worker. Sometimes, the errant professional will themselves inform the patient and apologize in order to avoid litigation.
What to do if you or a loved one has been subjected to medical malpractice?
Whichever way you learn about negligent care in your case, you can choose to file a claim with your insurance company, settle with the service provider directly, or hire an attorney to try and obtain maximum compensation for the damage endured by you.
Why should you consider consulting a medical malpractice attorney?
Consulting an experienced medical malpractice lawyer is the first prudent step in such a situation. As a medical malpractice lawsuit must be filed within a specified period from the day of the incident, you must seek the advice of an injury attorney as soon as you learn that you have been subjected to negligent medical treatment.
A claim needs to be filed with your insurance company along with relevant documentation, medical records and photographs to support your claim. Hiring an attorney who specializes in medical negligence cases will ensure that you receive the rightful compensation for your physical and mental suffering. Check out this website to learn more about how to find a good personal injury lawyer.
Which is better—settling with the insurance company or taking a case to court?
While numerous medical negligence cases are filed each year in the United States, only a small percentage of victims receive compensation from insurance providers or erring health-care establishments.
However, that should not deter you from seeking legal advice, as a seasoned lawyer who has experience preparing and trying such cases is the best person to tell you whether your case will stand ground in a jury court. If your insurance company offers to settle the claim in a bid to avoid litigation and the compensation offered is sufficient to meet your medical expenses, you may choose to settle out of court.
Litigation in medical malpractice cases can be an expensive and lengthy process, so consult a good attorney to know what’s best for your situation. Most personal injury lawyers offer free first consultations, so find a good lawyer and set up an appointment at the earliest.
