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7 Things You Need to Know About Medical Malpractice
Apr 04, 2017
Medical negligence is the third leading killer of Americans. Every year, nearly 200,000 people die as a result of medical negligence. The only health issues that cause more deaths are heart disease (634,000) and cancer (596,000). If you or a loved one believe that you were a victim of medical malpractice, there are several things you need to know.
1. Bad Outcomes Don't Equal Malpractice
With any medical treatment, there is always a risk of a poor outcome or a negative side effect. Experiencing an unexpected result or a dangerous side effect does not constitute medical malpractice. Rather, the doctor must have been negligent in your care.
2. Statements From Other Doctors Are Essential
As a general rule of thumb, negligence usually means that the doctor or healthcare professional did not provide the standard of care expected from someone in their position. To establish a baseline, you need to see another medical professional, and ideally, you should do that as soon as possible after the alleged malpractice takes place.
There are only a few exceptions to this rule, and those are for cases where the negligence is extremely obvious. That includes cases where the doctor amputates the wrong leg, leaves a scalpel inside the body or makes similar egregious errors.
3. Documentation Is Key
In all liability and injury cases, documentation helps to build the case. Make sure you have as much documentation as possible. Get all your original medical records from the doctor you suspect of malpractice.
Even more importantly, document your own injuries with photographs and notes about your symptoms. When you see other physicians, ask them to make detailed notes and get copies of all their diagnoses.
4. Medical Malpractice Can Include All Kinds of Injuries
Many people have a narrow view of medical malpractice, but this is a huge category that can include all kinds of issues. As mentioned above, surgical errors are one potential area where malpractice can occur. Misdiagnosis, childbirth injuries
, diagnostic errors and anesthesia errors can also all constitute medical malpractice cases under the right circumstances.
5. You Must Have Suffered Damage
Proving that the healthcare provider was negligent is only half the battle. You also have to prove that you suffered damages as a result of the incident. Depending on the case, damages may be physical, emotional, monetary or a mixture of all three.
Did you incur additional medical bills as a result of the doctor's negligence? Were you unable to work? Did your family suffer as a result of the incident? When assessing damages, you want to consider these types of questions.
6. There Is a Statute of Limitations
Most crimes have a statute of limitations. That means that you have to bring charges within a certain period of time after the incident has occurred. In Michigan, the statute of limitations for medical malpractice cases is usually two years. If you think you have a case, you need to contact a lawyer immediately.
7. Approximately $3 Billion in Medical Malpractice Claims Are Paid Out Annually
As of 2012, there were approximately $3 billion in payments on medical malpractice cases. In spite of this stunningly high number, the majority of cases that go to court end up with no payout. If you want to be among the 20% of people who get a payout with your case, you need to work with a skilled attorney.
It's also important to note that cases don't necessarily have to go to court. You can often work with your lawyer and the medical professional in question to reach a settlement. That can be an effective way to avoid a long, drawn-out court case.
If you believe that you have been the victim of medical malpractice, it's time to reach out for help. Contact Rosen Frederic M PC Attorney at Law for a consultation today.
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