Are You a Victim of Medical Negligence? File a Medical Malpractice Lawsuit

04.10.2017
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A report published in Washington Post claims medical errors are 3rd leading causes of deaths in US. According to CBS News, though fewer medical malpractice lawsuits succeed, payouts are up. Medical malpractice occurs when medical professionals fail to provide quality care & cause injury to a patient due to negligence, as a result of erroneous diagnosis, treatment or aftercare.

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The number of medical negligence cases being registered seems to have risen in the recent years, after a span of decline. A report published in the Washington Post claims medical errors are the third leading causes of deaths in the U.S. According to the CBS News, though fewer medical malpractice lawsuits succeed, payouts are up.

If you have been injured due to medical negligence, you must work with an experienced medical malpractice lawyer to claim the maximum compensation and make your life a bit easier. Medical malpractice occurs when medical professionals fail to provide quality care and cause injury to a patient due to their negligence. The negligence may be a result of erroneous diagnosis, treatment, aftercare, or health management.


Who to Sue for Medical Malpractice?

Medical malpractice laws govern the liability of medical practitioners and providers when they cause harm to a patient due to negligent behavior. The laws allow medical malpractice victims to file a lawsuit against doctors, nurses or hospitals, and claim compensation for the damages caused. However, the laws differ from state to state. You must hire a lawyer with knowledge of your state's medical malpractice laws. For instance, if you have suffered injuries due to medical malpractice in Washington, D.C., then a Washington, D.C. medical malpractice lawyer can help you determine whether or not you have a case.

The most common types of medical malpractice include:

 

When medical malpractice happens, the first thing that people think about is suing the doctor. While it is true that a doctor's negligence can cause severe harm to a patient, damage can also result from the negligent behavior of the nurses, pharmacists, anesthesiologists, and others responsible for providing supporting health care services. Therefore, the law applies to everyone.

Determining the party to be sued for the malpractice depends on a number of factors. An experienced lawyer will be able to help you determine who is liable for the malpractice and prove fault. Plaintiffs have the right to file a case against one or more entities. For instance, you can consider filing a case against both, the negligent doctor as well as the hospital.


Proving Fault in Medical Malpractice Case

We expect doctors to provide the best possible care, but even they have limitations. This means doctors cannot be sued just because the patient suffered damages or injuries. Mistakes happen due to a number of reasons and most often, it is the patient's mistake that causes the damage or injury.

In order to file a medical malpractice case against a doctor or medical entity, you need to prove fault. The basis of all medical malpractice cases is whether or not the doctor or medical entity exercised the proper standard of care. All medical professionals and providers are required to adhere to the standard of care, which is the degree of care that a reasonably prudent medical provider, in same or similar circumstances, would provide to a given patient, according to FreeAdvice.com.

In order to substantiate that the doctor or medical entity failed to adhere to the standard of care, the plaintiff needs to prove the following:

 

Other instances when patients can file a medical malpractice case are:

 

Proving fault in a medical malpractice case is often difficult. Therefore, victims of medical negligence need to work with lawyers who can help them collect suitable evidence of the negligence and also hire expert witnesses (other medical professionals from the same field as the negligent doctor) who can testify as to what the defendant should have done under applicable professional standards. One more thing that patients need to know is that all medical malpractice cases must be filed within the statutes of limitations, otherwise the case will be considered invalid.


Conclusion

Medical negligence can cause serious harm to a patient. If you think you suffered damages or injuries due to the negligent behavior of a medical professional or entity, consult a lawyer at once and take necessary action. However, prepare well to make sure you can prove fault on part of the medical professional or entity and claim maximum compensation.


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Article last time updated on 04.10.2017.

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Medicine, General medicine
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