What is Medical Malpractice and How Can It Affect You?
When individuals seek a doctor or other medical professional for care, they expect to receive the highest level of treatment. A doctor’s care should never slip below industry standards. When a doctor is negligent and causes injuries to occur, they can be held accountable. Individuals who have suffered serious injuries because of medical malpractice need to be aware of the rights they hold.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, hospital, or medical staff is negligent or commits an oversight that leads to injuries in a patient. The injuries may have occurred due to errors in the diagnosis or treatment of the patient. Often, injured individuals end up needing to hire this malpractice attorney to help them.
What Are the Important Factors?
There are three main factors that must be included in every medical malpractice claim or it is likely not going to hold up in court. The following offers insight into these factors so individuals know whether or not their case will offer enough evidence to back these factors in court.
· The doctor, hospital, or medical professional must have deviated from the standard of care. As a patient, individuals have the right to expect at least the standard of care.
· The plaintiff must have suffered an injury due to the negligence of the doctor, hospital, or medical staff. The individual must be able to prove their injuries would not have occurred outside of the negligence. Without sound medical malpractice evidence, cases are often lost.
· The injured patient must also prove significant damages that are measurable. Minor damages would likely not be worth the expense of the legal pursuit for the injured patient.
Evidence is critical in any medical malpractice claim which is why many individuals decide to hire a lawyer to help them in their pursuit. Lawyers can launch their own investigation into the matter and gather the needed evidence that can help boost the chances of a win.
Do All Medical Malpractice Claims Go to Court?
It is important for injured patients to realize they will not necessarily be required to go to court. The vast majority of medical malpractice cases are settled outside of court. Many injured victims mistakenly believe they will be forced to go to court if they hire a lawyer and this is simply not the case.
How Can Medical Malpractice Affect You?
According to John Hopkins, around 250,000 deaths a year are directly caused by medical error. This staggering number should frighten everyone, from patients to their medical care providers. It is clear patient reform needs to occur to ensure patients receive the highest standard of care and errors are greatly reduced.
If you are a patient, you can protect yourself by questioning each medicine and treatment you receive. You are the patient and your best advocate for protection. You have the right to question the decisions being made by your medical care team to ensure you are receiving the highest level of care.
Medical errors and negligence occur on a daily basis in hospitals and doctor’s offices across the country. Patients must take measures to protect themselves and advocate for change. If you have suffered medical malpractice, you have rights as an injured victim and should pursue the fair compensation you deserve.