What You Need To Know About Medical Malpractice

by Trent Erwin on February 14, 2013

(US law) Considering that 195,000 people are killed on average every year in the U.S. because of medical malpractice means that it’s not as uncommon as people think. You hope doctors, nurses and other medical professionals know what they are doing in the moment, but they have lapses in thought and knowledge at times and make the wrong decision. While some truly aren’t intentionally neglecting their responsibility, others aren’t taking their position as serious.

It’s a serious issue because too many people are dying because of a medical professional’s negligence. Now, not every medical malpractice case results in death. Many cases result in minor mishaps, but nonetheless, those mishaps can affect a person’s life forever. People need to be protected from minor mistakes as well.

In a malpractice case, the physician, doctor or whoever made the mistake is at fault and must be held responsible for their actions. Patients can make a case when wronged by medical professionals, but patients must act fast.

What To Know

The most important point to remember is that your case has more weight if evidence is presented in a timely manner. You need to gather information in a timely manner so you can present information to an attorney and begin the process of developing a claim. If you fail to act, then the period for filing a claim will conclude and you will be left helpless.

In a medical malpractice case you must be able to prove several elements to establish a substantial claim:

  • A physician, hospital or healthcare provider undertook care or treatment of a patient.
  • The provider did not perform standard care.
  • An injury was the result of the lack of standard care.
  • Damage must be proven (either physical or emotional).

Your Best Decision

Of course, as the patient or family, collecting and developing this information is difficult on your own. Also, if you haven’t had any experience with the law, you may not know which information to gather and which to compile. This is why you must speak with an attorney who specializes in personal injury law, especially medical malpractice. You need a professional who knows what they’re looking for and how to establish those elements listed above.

You can start the process by filing your claim to a personal injury attorney, to get the ball rolling. Some attorneys require a fee for the initial review of a claim; however, others do not. Once you have submitted your malpractice claim, the attorney will review it and consider the substantiality of the case. If it is determined to hold up, the attorney will pursue the claim and continue communication.

Again, it’s crucial that you contact a personal injury attorney as soon as possible and provide necessary information up front. Consider the 4 elements listed above and how those can be proven to substantiate your claim. Once you do that, just hope a settlement comes either out of court or through the work of a judge and jury.

Trent Erwin

Trent Erwin

Writer/Marketer at Genesis Net Development
Trent is a freelance writer/marketer for Genesis Net Development and works with clients of numerous disciplines to develop greater web presence. Trent is also studying in the field of journalism.

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