Six Things You Should Know About Medical Malpractice
Believe it or not, 10% of deaths that occur in the United States are the result of medical malpractice, making it the third leading cause of death in the United States—right behind heart disease and cancer. Each of these deaths could have been prevented if they were taken care of the way they were supposed to.
One of the biggest issues with medical malpractice is that people are uninformed. Whether you feel as though you’ve been treated unfairly, or a family member has been treated unfairly, it’s important to know as much as possible. Here are six things you should know about medical malpractice:
It’s More Common Than You Think
If you consider the statistics, nearly half of all doctors will be involved in a medical malpractice case at least once in their careers.
This doesn’t account for the doctors who make critical mistakes and are not sued for them. There are several common malpractices that you should be aware of:
Misdiagnosis: A doctor failed to pinpoint a diagnosis that another competent doctor would have noticed. For example, a doctor who fails to notice you have cancer, despite having the technology to see this, might treat you for a condition you don’t have—worsening the issue and lessening the chances of beating cancer through chemotherapy.
Childbirth Injuries: Doctors who don’t handle a child carefully, or fail to notice issues during pregnancy, can injure, or even kill the infant.
Medication: It’s a doctors job to analyze your medical history before writing a script. Many medications can cause serious harm if mixed with certain other medications. Some doctors may also prescribe the wrong dosage, which could be hazardous.
Contact a Lawyer Immediately
Read over the definition of medical malpractice, and study some of the more popular and common medical malpractice cases.
After doing your research, if you suspect you’ve been a victim of this, it’s imperative to contact a lawyer immediately.
According to fightingforyou.com, a New York-based legal team, “The clock on medical malpractice cases begins ticking the moment the malpractice occurs.
There is a statute of limitation on these types of cases, and often, individuals suddenly realize the long-term consequences of negligence and wait until it’s too late to have a possible or strong case.”
Lawsuits Take a While
If you’re involved in a medical malpractice lawsuit, or are filing on someone’s behalf, brace yourself for the wait.
A lawsuit in the medical arena can take years to be settled. First, there’s the process of finding the right lawyer. The lawyer will conduct an investigation and review your medical records to learn as much about your history and treatment.
This process can take several months. They’ll need bills and paperwork for all appointments you’ve had, and sometimes this can span back several years. Lastly, a medical expert will offer an opinion on whether negligence can be fought in court.
Then, the process of negotiating and filing a lawsuit officially begins.
It Can Lead to Death
As previously mentioned, some medical malpractices can, unfortunately, result in loss of life. In this case, it’s up to the family member to take action on behalf of the deceased relative.
For example, anesthesia malpractice cases usually involve the administration of too much anesthesia. What’s “too much” for one person could be wildly different from another, depending on that person’s medical history.
It’s up to the doctor to make smart, educated, and informed decisions about what to administer. There are also many infant deaths caused by medical malpractice.
Many Cases Go Unreported
Believe it or not, there are many people who don’t report medical malpractice. There are several reasons. One of the biggest is ignorance.
A doctor could frame a situation as if it’s an “accident” or inherent risk with a certain procedure. They simply aren’t aware that they weren’t treated with the right level of care.
There’s also a misconception that when their doctors, or other doctors in the institution, learn about their cases, they’ll be treated differently—or turned away altogether.
Others believe that their insurance costs will go up if they file a lawsuit. And lastly, many people have false ideas of how much it will cost immediately out of pocket to file a claim.
Insurance Companies Want to Settle
Insurance companies often want to settle with a patient as early as possible. Going to court could be very costly, and will almost always cost significantly more than what an individual would receive if they won a medical malpractice lawsuit.
There are many cases where hurt patients take this money, mostly because they’re forewarned that the process can be costly and take quite a while, and the promise of immediate money can seem alluring.
