W E A L L L I K E T O T H I N K T H A T E V E R Y T I M E W E V I S I T A M E D I C A L P R O F E S S I O N A L T H A T W E ’ R E

I N G O O D H A N D S . W E P U T A L O T O F T R U S T I N T O O U R M E D I C A L P R O F E S S I O N A L S , B U T T H E F A C T O F T H E M A T T E R I S M I S T A K E S A R E M A D E I N T H E M E D I C A L F I E L D , A N D T H E Y H A P P E N A L O T M O R E T H A N T H E D O C T O R S W A N T Y O U T O

K N O W A B O U T .

The truth about medical malpractice

Preventable medical errors is the 6th biggest killer in America according to a study conducted by The Institute of Medicine. The Institute of Medicine estimate as many as 98,000 people die every year at a cost of $29 billion. If the Centers for Disease Control were to include preventable medical errors as a category, these conclusions would make it the sixth leading cause of death in America!

The bar is raised in medical malpractice suits

To make matters worst it’s harder to prove medical malpractice in a court of law. Unlike an auto accident case the defendant would be liable if he failed to act as carefully as a reasonable person of “ordinary prudence” would. When the defendant is a doctor or other health care professional, however, the standard is raised. The provider would be liable for failure to act as carefully as any reasonable professional within that area of specialty, considering education, training, and licensing standards. This doesn’t mean that every professional must make the perfect decision every time. If it did, every patient could sue every doctor.

You must prove damages in order to win your suit

A doctor just making a medical mistake isn’t enough for you to win a medical malpractice suit. If you didn’t suffer harm then the fact is you have no case, however damages can take many different forms. There is a term called ”loss of consortium” if your injury prevents you from enjoying sexual relations with your spouse. Typically, amounts awarded for psychological damages such as pain and suffering greatly exceed amounts awarded for medical expenses. Basically your best angle to winning your case is to claim damages, not to prove a medical mistake was in fact made.

You have to file a complaint

In order to initiate a medical malpractice suit you must file a complaint with the state court in order to start a suit against a healthcare provider. You may need to file several suits. For example you may file a lawsuit against the surgeon, the hospital, and any other applicable parties. What will happen is the state will send an official to personally serve the lawsuit to the defendants. Most cases get settled out of court with the defendants insurance company. The insurance company will have you sign a paperwork stating that you won’t sue the defendant for the same claim. You should never sign a settlement from an insurance company before first consulting with a qualified attorney.