Medical Malpractice Topics

Today it seems that doctors and physicians are under the threat of medical malpractice suits. It seems that wherever you look in the media you hear of a multimillion dollar payout for someone who has been the victim of medical negligence. How and why does this seem to happen so often? Are the doctors the victims or do they deserve what they get? In this article we will answer some of the basic questions regarding medical malpractice, what it means and what action you can take should you think you are the victim of this.

What exactly is medical malpractice?
Medical malpractice basically is when you have been injured or suffered in some way due to a doctors and or hospitals negligence. The people who work in our health care industry are both legally and morally obligated to provide a standard of care. If that standard of care is breeched then they run the risk of committing medical malpractice.

If I had a relative that didn't survive an operation, can I sue for medical malpractice?
Possibly, however, you cannot bring a lawsuit just because a doctor didn't produce a desired outcome. There is an element of risk in any operation and they don't always go as planned. The only way you could bring suit is if you could show your relative died due to a doctors mistake or negligence. You would have to prove that no other reasonable professional would have done the same thing at that time under the same circumstances.

What should I do if I believe that I have suffered from medical malpractice?
The best thing you can do is get legal advice. There are several medical malpractice lawyers that understand this kind of case. They are very knowledgeable and can best advise you on your chances of winning your case.

What kind of damages will I receive?
That completely depends on your own individual situation. It may also depend on what state you live in. In general, you can usually claim for medical expenses, loss of wages due to missed work, and pain and suffering and mental anguish.

If you have been harmed by a doctors or hospitals negligence or incompetence you should consult our medical malpractice attorneys. We will be able to best advise you on your case and who you can get the restitution you deserve . Contact us today.

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Medical Malpractice News

It seems that hardly a day goes by without hearing about or reading some headline pertaining to a medical malpractice case. The medical profession is constantly under fire from the legal profession for negligence or some form of medical malpractice. The effects of this are felt over several different sectors of society. The medical and legal profession to name 2but the public and the insurance industry have also been exposed to the ripple effect of medical malpractice suits.

What exactly is medical malpractice?
Your doctor is both legally and morally obligated to provide you with a good standard of care. If your doctor fails to provide this through inability or negligence then technically he or she is liable for medical malpractice.

What if I am not satisfied with the quality of care I receive from my doctor, am I eligible for medical malpractice compensation?
Generally, no. The best thing for you to do is change doctors. For there to be malpractice, in most cases you will have had to have endured some form of unnecessary pain or suffering. Your health must have been compromised in some way it would also have to be proven that any pain and suffering endured was indeed the fault of the doctor and no other reasonable health professional would have made the same decision with the same set of circumstances.

You hear of people being awarded large sums of money all the time for medical malpractice, is this a good thing?
Well it can be both. Doctors, like any other profession need to be held accountable for the job they do. If someone has truly suffered through a doctor's negligence and or incompetence then some form of compensation can provide some good things. Problems arise when people want to abuse the system. Some will bring bogus suits and pressure insurance companies. Many times they will give in and settle out of court for less rather than risk court and legal proceedings. There are those that will take advantage of this. Medical malpractice is not a means to make money and get rich. If these are your motives then think again.

What are the negative sides to a malpractice suit?
Well, there is the treatment of the doctor and or health care worker and the damage it could do to their career. There are increased insurance premiums that everyone has to pay, to cover the damages paid out in lawsuits. There is also the money taken from the health care industry to pay damages. Finally, for the malpractice claim to be legitimate, you will have to have endured a significant amount of pain and suffering. Is money really worth that? Ask the gentleman who had the wrong foot amputated which he would prefer, his feet or the 5 million dollars he received in compensation?

Medical malpractice suits can bring relief and a sense of justice to those that truly deserve it. They can however, bring misery to many. Only travel down this road if you have good reason too. Too much is at risk.

Medical Malpractice Statistics

Does it seem that medical malpractice lawsuits have gotten out of control? Is disciplinary procedure just too hard on doctors making it impossible for them to practice and do their jobs properly. Are doctors being sued, punished, reprimanded for no good reason only to be forced to purchase higher and higher amounts of liability insurance? It may seem that way but medical malpractice statistics state otherwise. The amount of doctors disciplined does not come close to the amount of injuries inflicted due to negligence or incompetence. The medical malpractice statistic claims that less than one half of one percent of the nations doctors ever face sanctions yearly through state medical boards. However, another study conducted the same year by the institute of medicine's National Academy of sciences estimated that as many as 98,000 patients may be killed each year as a result of negligence or incompetence.

This far outweighs the doctors that are punished and held accountable for their errors. Researchers at Harvard University conducted a similar study over 20 years ago and came up with nearly the same result. According to their medical malpractice statistics, they found that nearly 10 percent of all patients treated in New York State hospitals were injured and one quarter of those died because of medical negligence nationwide. This translated into almost 25% of a million deaths in America's hospitals most of which were physician-related.

The medical malpractice statistics get even scarier when they are extended to general practice. When interviewing 53 family physicians nearly half of them reported a patient injury or death as a result of a physician's error or negligence. Of all the cases only four resulted in a medical malpractice suit and none of the physicians were reviewed, evaluated or brought before the state medical board.

Many claim that it is too easy to sue and doctors are treated poorly. However, According to medical malpractice statistics this may not be the case. The medical malpractice statistics seem to support almost the opposite view and if anything doctors and physicians are not held accountable near enough of the time. It seems you constantly hear of someone suing a hospital or a doctor for incredible amounts of money. However, according to medical malpractice statistics not even one percent of the medical injuries are even reported let alone taken through the legal process.

Medical Malpractice Statute of Limitations

If you are harmed in anyway through a hospital's or doctor's negligence or incompetence you may be entitled to compensatory damages. The people who work in our health care profession have a legal and moral obligation to give a good standard of care. If that standard is breeched through negligence or incompetence they can be held accountable. If you speak to a malpractice lawyer they will be able to advise you on the merits of your case as well as what types of compensation you may be entititled too. You may find that you can claim for monetary damages to cover medical expenses incurred, loss of wages from missing work, pain, suffering and mental anguish. A medical malpractice attorney can also advise you if there is any medical malpractice statue of limitations. That you may be up against.

A medical malpractice statute of limitations places a time limit on how much time you have to bring a lawsuit. They are designed to prevent people from bringing about dated and irrelevant cases to court and wasting the courts time. Each state mandates how long you have to file a suit and what conditions are set. For example, the state of California requires that you file a complaint first with the state government. Once this has been done and documented the medical malpractice statute of limitations is 16 months. The state of Nevada however, is different. It is between two and four years depending on the degree of the complaint. The four year medical malpractice statue of limitations usually applies when someone has died as a result of the injury.

The state of Missouri is unique in that they set their medical malpractice statute of limitations to begin from when the injury was committed, not when the person harmed discovered they were injured. Finally, the state of Florida sets their medical malpractice statute of limitations at 2 years. However, it is possible to extend it to 4 years. The state of Florida recognizes that not everyone is privy to the medical knowledge needed to ascertain their injuries which is the reason for the extension.

Many states also make exceptions in their medical malpractice statute of limitations. One example is when the person harmed is a minor. The best person to talk to regarding the medical malpractice statute of limitations in your state is a medical malpractice attorney. You should not hesitate; you could miss the opportunity to gain the compensation you deserve. Contact our dedicated and experienced medical malpractice attorneys today.