Navigating Medical Malpractice Cases
Medical negligence is ranked among the top three leading causes of death, this is according to the American Medical Association. On average, over $3 billion is spent on medical related payouts. A medical malpractice happens when a health care professional deviates from what is considered as the proper standard of care. Medical malpractice can have dire and far-reaching effects on the life of the victim. Health care malpractice cases can be filed under personal injury. The very nature of these cases makes them very complicated. As such, victims should consider consulting with a malpractice injury lawyer for the following reasons.
Determining medical negligence
Right from the onset, it is important to establish that a bad medical outcome does not necessarily amount to medical negligence. There is a need for an investigation to determine what the expected standard of care was in that particular case. The plaintiff must also demonstrate how this care was breached.
If the doctor admits to making a mistake, then this can be good grounds for a malpractice lawsuit. The same case applies in instances where the doctor apologizes for oversight or missed diagnosis. Medical malpractice cases are often characterized by heavy emotions. As a result, you will find that most patients want to take the matter to court.
The decision to go to court is often driven by the motivation of a higher payout claim. While this is possible, it is not always the case. If the defendant offers a settlement plan, then the plaintiff should strongly consider it. An experienced lawyer should be sought after to establish the merits of the case. These lawyers are also experienced in calculating claim payouts. However, before having talks with the insurance company, the full extent of the injuries should be established. It is hard to receive a second payout when the original one was already granted.
In addition, victims should note that medical malpractice prosecution can be highly stressful, time-consuming and expensive. There is also the likelihood of failure. This is why it best to seek the advice of a personal injury attorney before filing a lawsuit. They will review the case and the injuries so as to come up with the best course of action. The malpractice personal injury lawyer will also collect medical evidence to substantiate the claim.
Statute of limitation restrictions
The statute of limitations places restrictions on the time frame after the incident that the case can be filed. The tricky bit about this statute is that it is not standard in all states. The procedural requirements also differ from state to state. As such, you need legal expertise to advise you on how much time you have before you can make a claim. There are several instances when the courts may grant exceptions, especially in the case of minors. A personal injury lawyer or accident lawyer in your state can help you understand the laws.
How can patients reduce the likelihood of medical malpractice?
The best way to prevent being another statistic in the malpractice case is to be proactive about your health. It is prudent for patients to conduct research and document their symptoms. They should also demand explanations and answers for the treatments they are receiving. Patients must also learn to speak up whenever they feel that their rights are being violated. It is also crucial for patients to seek a second opinion. Seeking professional advice from a medical malpractice lawyer can also help shed more light on a situation. One of the reasons why many valid medical claims are not paid for is that patients fail to make claims because they perceive the cost of litigation to be very high.
When it comes to personal injury claims, malpractice lawyers and other accident lawyers will charge on a contingency basis, and the likelihood of a fair settlement is higher if you enlist the services of an accident lawyer.