Am I Eligible for Medical Malpractice Claims?
When you visit the doctor, you expect to receive competent medical care. You trust that your physician will make the proper diagnosis and provide treatment that meets the accepted standard of care. Unfortunately, medical errors do occur, and they can have devastating consequences. If you or a loved one has been harmed by medical negligence, you may wonder if you are eligible for medical malpractice claims.
Below is a guide on what to do to know if you’re eligible for medical malpractice claims.
Medical Malpractice & Its Types
Medical negligence is the third leading cause of death in the United States, after heart disease and cancer, according to a study published in The BMJ in 2016. And while it's challenging to get an exact number due to underreporting, a separate study estimates that around 440,000 people die in the U.S. each year from preventable medical errors. List down the types of medical malpractice:
Photo by Pavel Danilyuk
Incorrectly Diagnosed
One type of medical malpractice is known as an incorrect diagnosis. This occurs when a medical professional incorrectly diagnoses a patient's condition. This can happen for several reasons, including failing to order the correct tests, misinterpreting test results, or simply making a mistake. While an incorrect diagnosis can sometimes be benign, it can also have serious consequences.
In some cases, an incorrect diagnosis can lead to a delay in treatment or even the wrong treatment being administered. This can cause a patient's condition to worsen and may even result in death. As a result, medical professionals must take great care when diagnosing patients.
Delayed Diagnosis
It occurs when a medical professional fails to identify a medical condition on time, resulting in delayed treatment. In some cases, the delay may be due to negligence on the medical professional's part. However, in other cases, the delay may be due to factors beyond the medical professional's control, such as a patient's unwillingness to seek medical help. Whatever the cause, delayed diagnosis can have severe consequences for patients, including worsening their condition and even death.
Photo by cottonbro
Failure to Treat
Failure to treat occurs when a medical professional fails to provide the appropriate treatment for a medical condition. This can happen if a doctor misdiagnoses a condition and provides the wrong treatment or if they fail to diagnose a condition altogether. It can also occur if a medical professional offers inadequate or delayed treatment.
Sometimes, failure to treat can even occur if a medical professional refuses to provide treatment altogether.
Surgical Mistake
They can happen for various reasons, including errors in judgment, communication breakdowns, and fatigue. While some surgical mistakes are relatively minor, others can be life-threatening or even fatal.
Birth Injury
Birth injuries are one type of medical malpractice, and they can happen during pregnancy, labor, and delivery. These injuries can be caused by medical errors, such as failing to monitor the baby's heart rate or not performing a C-section in time.
Birth injuries can also be caused by medical negligence, such as using too much force during delivery or not properly caring for the mother during pregnancy. If you or your child has been injured due to medical negligence, you may be able to file a medical malpractice claim.
How to Establish a Medical Negligence Claim?
Medical malpractice claims can be complex and time-consuming. If you feel you or a loved one has been the victim of medical negligence, it's essential to understand the process of filing a claim. Below are the elements that need to establish a medical malpractice claim.
Photo by Zakir Rushanly
A Relationship Existed
This can be done by showing that the doctor provided medical care or advice to the patient directly or through a medical team. Once this element is established, plaintiffs can proceed to build their case by presenting evidence of the doctor's negligence.
If successful, medical malpractice claims can help injured patients obtain compensation for their damages and hold negligent doctors accountable for their actions.
Negligence
Negligence is one element that must establish to bring a medical malpractice claim. Generally, this requires a showing that the healthcare provider failed to meet the standard of care owed to the patient and that this failure resulted in injury or harm.
Causation
One of the critical elements medical malpractice lawyers look at when evaluating medical malpractice claims is causation. Simply put, causation is whether the medical care provider's negligence caused the patient's injuries. For a medical malpractice claim to be successful, the plaintiff must show that the medical care provider's failure would not have injured the patient.
Causation can be proven in different ways, including through expert testimony, medical records, or other documentary evidence.
Losses
This includes physical pain and suffering, emotional distress, financial losses from medical bills or lost wages, and even loss of life. In some cases, they may also award punitive damages to punish the negligent party and deter similar behavior in the future.
To recover damages, it is crucial to have an experienced medical malpractice lawyer on your side who can help you navigate the complex legal process and build a strong case.
Special Requirements in Medical Malpractice Cases
All medical procedures come with a certain amount of risk. Even when a doctor does everything right, there's always a tiny chance that something could go wrong. When something goes wrong, it doesn't necessarily mean that the doctor is liable for medical malpractice. Here are the requirements for medical malpractice claims:
Photo by Los Muertos Crew
Medical Malpractice Cases Must Be Brought Soon After the Injury
Medical malpractice claims can be complex and challenging to win. One of the unique requirements in medical malpractice cases is that one must bring them soon after the injury. If you wait too long, substantial evidence may be lost, and witnesses' memories may fade.
In addition, the Statute of Limitations may bar your claim entirely if you wait too long to file it. Therefore, if you or a loved one has been injured due to medical negligence, you must speak with a medical negligence lawyer as soon as possible to discuss your legal options.
Special Medical Malpractice Review Panels
One of these is the requirement of a particular medical review panel. This panel, composed of at least three physicians, is tasked with determining whether the care provided by the defendant's doctor met the standard of care. If the panel finds that the care did not meet this standard, the case can proceed to trial. However, if the committee finds adequate care, the plaintiff will be barred from proceeding.
As a result, the medical review panel can play a critical role in determining the outcome of a medical malpractice case.
Special Notice Requirements
To file a medical malpractice claim, one must meet special notice requirements. These requirements are designed to protect medical providers from unfounded claims and to ensure that patients have a chance to recover compensation for their injuries.
Expert Testimony is Required
The medical expert must show that the health care provider did not act as a reasonably careful provider would have performed under the same or similar circumstances. The medical expert's testimony is based on their review of the medical records, as well as a review of the relevant medical literature. The medical expert may also consult with other medical experts to get their opinion on the case.
To prove medical malpractice, the plaintiff must show that the health care provider's negligence caused the plaintiff's injuries. This can be an onerous burden, which is why expert testimony is essential in medical malpractice cases.
Limits on Damage Awards
The patient must prove that the medical professional caused them damages. In many cases, medical professionals are only required to pay for the cost of medical treatment related to the injury. However, if the patient can prove that the medical professional's negligence caused them pain and suffering, they may be eligible for additional compensation.
Damage awards are often limited by state law, making it difficult for patients to recover all the damages they deserve.
Statute of Limitations for a Medical Malpractice Claim
Photo by Karolina Grabowska
The statute of limitations is the legal deadline for filing a medical malpractice claim. In most states, the clock starts ticking on the medical error or negligent act date. But there are important exceptions that can extend the deadline in some instances, such as when the victim is a minor or when the injury is not discovered until later.
If you think you may have a medical negligence claim, you must speak with an attorney as soon as possible to determine whether you are still within the statutory window. Depending on the facts of your case, you may have only a few months to take action. Don't let time run out on your claim.
How an Expert can Help in Processing Your Medical Malpractice Claim?
Photo by Andrea Piacquadio
An experienced medical malpractice lawyer will know how to investigate your claim and build a strong case on your behalf. They will also be able to negotiate with insurance companies and medical providers to get you the compensation you deserve.
A trial may be necessary to get justice for your injuries. Regardless of the specific circumstances of your case, expert medical negligence attorneys will fight for your rights and ensure that you are fairly compensated for your injuries.
Get Help from an Experienced Medical Malpractice Attorney Today
No one goes to the doctor expecting to be injured. We trust our medical professionals to give us the care we need to get better. But sometimes, medical errors can occur, leading to severe injuries or even death.
Have you or a loved one been the victim of medical malpractice? If so, you may feel overwhelmed and uncertain about where to turn. The good news is that you don't have to go through this challenging time alone.
Although you might feel overburdened, don't worry; we are here to assist you. At OUCH USA, we have attorneys with years of expertise defending clients in medical malpractice situations. We will battle to get you the most benefits possible since we are familiar with the ins and outs of the personal injury system. Contact us for a free consultation at hello@ouchusa.com or +1-844-872-6824, and let us start you on the road to recovery.