Understanding Medical Malpractice
One may be forgiven for thinking that in this day and age of technical advancements, there can be no injuries caused by medical mistakes. On the contrary, preventable medical errors occur each day, causing millions of patients to be injured, crippled, or even die. Most of these errors are due to the negligence of the medical practitioners in providing appropriate treatment or giving substandard treatment to the patient. This is what is referred to as medical malpractice, a part of personal injury law but more complex than other cases in this group. Medical malpractice includes improper treatment, medication mistakes, misdiagnosis, errors from the pharmacist, premature discharge, unnecessary surgeries, mistakes during delivery of a baby, improper diagnosis of cancer and kidney failure, and other critical health conditions.
The medical malpractice law is what makes it possible for patients to at least recover some compensation for the injuries caused by the doctors’ negligence or substandard treatment. The Medical Malpractice Center reports that nearly 15,000 medical malpractice complaints are filed against doctors each year. Another report from Journal of the American Medical Association states that over $3 billion was spent in 2012 to compensate patients for medical malpractice. However, for a case to be considered a medical malpractice, it must meet the following factors;
- There must be evidence that the doctor or medical professional did not provide proper “standard of care”
- There must be an injury that was caused by the negligence of the doctor.
- The injury must have resulted in significant damage such as disability, constant pains or suffering.
These cases are complex and critical, and thus they require the expertise of medical malpractice attorneys, like Regan Zambri Long personal injury lawyers in Washington DC, to handle them. These lawyers play a crucial role in managing your case and giving you important assistance throughout the process. The lawyer must meet several requirements during this process, including the stringent deadline for filing the paperwork to start the lawsuit commonly referred to as Statute of Limitations. The lawyer will start by performing an in-depth examination of the facts surrounding the incident. He/she will need to go through your hospital record and any other relevant document that will help to prove your claim that the actions of the nurse or doctor were the main reason for your injuries. A qualified medical professional will then go through your medical records and assess the type of treatment that was administered to you. The expert will be called upon to give out his/her findings to the insurance adjuster and defendant’s attorneys and then negotiations on the compensation will begin. If both parties reach no agreement, then the case proceeds to trial, where either the jury or the judge will have the final say.
Doctors and other medical professionals, like drivers, have a responsibility of care to their patients to deliver treatment that meets the “recognized standard of care.”. Due to the nature of the medical malpractice lawsuit, it is necessary to hire qualified attorneys to protect your rights and ensure you get the justice you deserve.