Understanding Medical Malpractice - What It Means

1
Understanding Medical Malpractice
2
A person will generally file a medical
malpractice suit with a lawyer if they feel they
have received substandard care by any healthcare
professional, like a doctor or dentist, that has
directly resulted in economic or physical damages
to them personally or a family member. When
discussing what substandard care this generally
means care that has violated the normal medical
practices.
3
In order to show medical malpractice there has to
be three factors, which include a direct causal
link, liability, and damages. For you to meet
the requirements of liability, it must be proven
a professional relationship existed between the
provider of health care and you. Meeting this
requirement is rarely a problem but being able to
prove it was substandard care could be a little
difficult. It depends on what the violation was.
4
Economic damages, injury, or suffering must be
shown and be the direct result of the negligence.
Most all parts of medical care have risks even
if proper care is taken. Unless your lawyer can
prove negligence from an outcome that turned out
bad from the procedure or medical care alone, are
not the grounds for a malpractice suit. When
talking medical malpractice it can take on
different forms.
5
Some examples include Not diagnosing a disease
that is life-threateningMedication
errorsSurgical errorsDelivery room or prenatal
careFailure to give the correct follow-up
careAnesthesia miscalculations
6
According to the Journal of the American Medical
Association, approximately two hundred
twenty-five thousand deaths happen each year
because of medical malpractice. This makes it
the third biggest cause of death in the United
States. Approximately nine percent are caused by
medication errors, miscellaneous errors, or
unnecessary surgery. About eighty-two percent
are due to contacting an infection while in the
hospital or adverse reactions to medications.
7
It is harder to file a malpractice suits against
hospital employees than against private
physicians. Certain members of the staff in the
hospital are often provided by private contracts
so in these instances the contractor and
negligent party is named in the medical
malpractice suit and not the hospital. When
there are multiple parties that are affected by
the same negligent group it makes more sense to
bring a class action suit, which can list
hundreds or more plaintiffs. If the case is won
then the monetary award, after paying court costs
and legal fees, is distributed to the plaintiffs.
8
The laws that govern medical malpractice suits
will vary in each state and may require different
or additional criteria. When choosing a lawyer
make sure that they specialize in this field of
law.
9
(No Transcript)
10
San Diego - Main OfficeHamilton McInnis,
L.L.P.3110 Camino del Rio South, Suite 203San
DiegoCA 92108 Wrongful Death Lawyer Personal
Injury LawyerTelephone (619)
299-4877http//www.hm-lawyers.com