According to the laws in most states, a victim has a viable medical malpractice case if a health care provider either fails to perform within the boundaries of a reasonable standard of care or acts negligently. In either situation, the result for the victim is often disability, permanent injuries, suffering and sometimes, death.
A medical malpractice attorney’s job is to prove causation between the health care provider’s actions and the victim’s injury or deteriorating condition.
Common Causes of Medical Malpractice Include
- Failure to diagnose an illness
- Failure to prevent infection
- Leaving a medical device implanted after surgery
- Surgery without informed consent
- Organ failure
- Certain birth injuries and cerebral palsy
- Late diagnosis resulting in a diminished chance of survival
- Improperly administering anesthesia
- Misdiagnosis of a condition
Why Do So Many Medical Malpractice Cases Occur?
A surprisingly large percentage of personal injury claims emerge from medical malpractice cases. With the convergence of an aging population, the explosion of new medical advances, and the wider access to medical treatment for most Americans, high quality medical professionals have seen a dramatic increase in the volume of patients under their care. In a perfect world, everyone who went to see a doctor would get optimal treatment and accurate diagnoses, and patients would always get what they want – an improvement in their health condition and an opportunity to live longer and healthier lives.
Unfortunately, things don’t always happen as they should. Doctors and medical professionals are busy people, and the procedures in place at doctor’s offices and hospitals are there to ensure business efficiency. While they save money, measures of efficiency don’t always address the complete medical needs of a patient. The quality of care provided to an individual often comes down to a business decision, and not necessarily what is best for the long-term future of the patient. With insurance company-sponsored HMOs and PPOs often dictating the level of care a patient can receive, doctors and health professionals are forced to consider the economic factors involved in their patient’s care, without fully focusing on optimal health care for the patient.
Medical Malpractice: Many Opportunities for Error
At the Brain Injury Law Center, we believe that doctors, surgeons and other medical professionals should perform according to what is their best medical ability and judgment, not in reaction to financial pressures or other considerations. Those doctors and medical professionals who take shortcuts — such as failing to properly explore all possible causes of your illness or condition, incorrectly treating your condition, or causing scars, disfigurement, or physical disabilities in the carrying out of your treatment or surgery — are practicing medical malpractice and professional neglect.
Because any visit to a doctor or hospital – whether it is for a regular check up or is one of many visits leading to an operation or surgery – can involve several steps, including check-in, phlebotomy, examination and diagnosis, there are normally several medical professionals working as a team to treat each patient. If your medical team is out of sync for any reason, drastic consequences to your health can result. In fact, a large percentage of medical malpractice cases involve not only doctors and surgeons, but also internists, nurses, physician’s assistants, nurse practitioners and other hospital staff.
throughout the U.S., insurance companies have lobbied hard to protect doctors and hospitals from being hit by major lawsuits. State delegates have responded favorably to the insurance companies by imposing financial “caps” on medical malpractice verdicts. The most a medical malpractice victim can gain per incident is $1.5 million — a paltry sum when you consider the life-time toll many injuries take on their victims.
Medical Malpractice: The Ball is in your Court
If you are hesitant about seeking legal representation for a medical malpractice case in which you were involved, you aren’t alone. Experts estimate that about 2 per cent of patients are injured through receiving medical treatment. Of those injured, only 2 percent ever seek legal counsel and attempt to earn compensation for their medical malpractice injuries.
The best advice is this: don’t let yourself be among the 98 per cent who don’t take action when injured through medical malpractice. Failing to take action could not only cost you thousands in further medical bills later down the road. It could also mean a lifetime of aches, pains, disability and deteriorating health, not to mention allowing the doctor or medical professional to perpetuate careless medical practices on future patients.
While we offer exceptional representation for any personal injury, The Brain Injury Law Center places special emphasis on medical malpractice cases involving brain surgeries and operations. If you or a family member has undergone brain surgery for an aneurism, tumor or other procedure, and you have doubts about the outcome of the surgery, contact the Brain Injury Law Center today and we will offer a complimentary full review of your case.
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