Modern medicine is a marvel. New surgical techniques and preventative medications are being developed at incredible speed. While the improvements mean more lives are being saved, ongoing medical errors continue to cause harm.
Medical errors cause around 10% of U.S. patient deaths, according to a Johns Hopkins study. This means 250,000 people die annually as a direct result of a medical error. Survivors affected by medical errors often suffer long-term adverse health effects.
Medical errors are also referred to as medical malpractice. This means a health care professional provided substandard treatment leading to injury or death.
If you have been affected by medical malpractice, you have legal recourse. You can hire a lawyer to help you file a lawsuit against the medical professional or hospital.
Proving Medical Malpractice
Before filing a legal case, you must prove that medical malpractice occurred. Medical malpractice takes on many forms, including wrong medications, misdiagnosis, and poor aftercare.
To prove medical malpractice, you must establish four legal elements or principles. The first is the duty of care by the doctor or surgeon who treated you.
All healthcare providers have a legal and ethical obligation to deliver an accepted standard of care for each patient. The standard of care is determined by the medical professional's qualifications and experience and also by the primary medical practices used by other healthcare providers.
Duty of care means that the doctor who treated you should have acted the same as another reasonable doctor would have under similar circumstances.
The second element you must focus on is a breach of the duty of care. This means demonstrating that the doctor failed to act the same as another reasonable doctor would have. You can prove this by showing that the doctor's actions or lack of action deviated from accepted medical treatment practices.
For example, a surgeon may have performed surgery on you incorrectly. Or a doctor may have prescribed medication while knowing you are allergic to its main ingredient. These all constitute a breach of duty.
The next part of proving medical malpractice is establishing a link between the breach of duty and the harm you suffered. For instance, because the surgeon botched your surgery, you now have only one functioning kidney left, which diminishes your quality of life.
You may also have suffered a severe allergic reaction after taking prescribed medicine, and now you now experience panic attacks or increased anxiety. It isn't easy to prove this link, so consult a lawyer for advice and assistance.
A lawyer can help you establish the damages and losses you suffered because of a doctor's medical error. These damages may be physical, financial, or emotional.
It is crucial to remember that experiencing negative after-effects following medical treatment does not automatically constitute medical malpractice. You must prove all four above-mentioned elements to have grounds for a successful legal case.
When Legal Action Is Necessary
You and your lawyer must consider several factors before filing a lawsuit. The most obvious thing to determine is the extent of the harm you suffered after the medical error.
Severe injuries or consequences like a permanent disability or loss of a limb are more likely to warrant legal action. Still, even if your injuries are less severe, you could pursue a claim if your quality of life is impacted.
Moreover, you need strong evidence to prove negligence by the doctor who provided you with care. The right evidence is crucial for a successful medical malpractice lawsuit.
The type of evidence you need includes medical records and expert witness testimony. If other medical personnel are willing to testify on your behalf, this will also count as evidence.
Furthermore, if you suffer severe injuries or health problems because of a medical error, the treatment you need will likely cost a lot of money. It will only add to your financial burden if you cannot work. In this case, a medical malpractice lawsuit can help you cover some expenses while you focus on recovering.
It is also very possible that you will be emotionally distraught after a medical error. In addition to the physical pain and suffering, you may experience depression and anxiety.
While a successful claim will allow you to cover some of your expenses, it cannot take away the trauma. On the other hand, it may allow you to find some closure and eventually move on with your life.
Initiating a Legal Case
If you decide to proceed with a medical malpractice case, consulting an experienced lawyer is crucial. The lawyer will evaluate how strong your case is and explain how the legal process works. Furthermore, a lawyer can let you know the potential outcomes of your case and advise you on the next steps.
If the lawyer accepts your case, they will continue investigating your claims. They will gather medical records and speak to witnesses. This is meant to build a foundation to support your compensation claim.
When the investigation is complete, your lawyer will draw a demand letter to deliver to the doctor or their insurance provider. The letter will outline the allegations of malpractice and your damages. It will also contain the amount of compensation you seek.
A demand letter is an attempt to resolve the case outside of court. If this fails, your lawyer will file a formal lawsuit. However, depending on your specific circumstances, it is very likely that your case will be settled long before it becomes necessary to go to court. Most medical malpractice cases are settled between the parties themselves.
Other Considerations
Considering the statute of limitations regarding your medical malpractice case is important. Your lawyer will inform you of the periods. You should also ask about lawyer's fees upfront. Chances are that your lawyer will work according to a contingency fee, but you must first confirm this.
Preventing Medical Errors Is Possible
It may be possible to prevent medical errors in the near future, but until then, the risk remains. This is why patients must be aware of their rights should a medical error affect them. The goal should also be to not only seek compensation after a medical error but also ensure that the same error does not affect other patients.
