Medical malpractice occurs when a patient does not get the required medical care in hospitals, health care centers or nursing homes. This can result in severe injuries, mutilation or even wrongful death. Did you know that medical malpractices are among the leading causes of deaths in the United States, claiming about 251,000 deaths every year? Therefore, it’s only fair that patients file a compensation claim against the negligent hospital, or health care provider whose actions resulted in the injuries. A malpractice attorney
Table showing medical malpractice statistics
Chart showing adverse action statistics
When you file a malpractice lawsuit, and it is proven that your injuries were indeed caused by the health care provider’s negligence, you will receive compensation money defendant. A medical malpractice lawyer can handle your case well.
What is medical malpractice?
It is important that you understand what makes a valid malpractice case in order to determine if you can file for compensation lawsuit or not. To file for a medical malpractice case, you must have sustained injuries caused by a doctor or any medical professional. And to win the case, you will need to prove that the injuries were as a result of negligence of a medical professional.
In order for a medical malpractice to have occurred, a fraudulent or negligent act must have been resulted to the patient’s injury. If a small mistake was made that did not harm or injure a patient, there is no need to file a medical malpractice case. For example, if you brain x-ray on the wrong a patient and it did not harm the patient. On the other hand, if you ordered an operation on the wrong patient, then chances are that you will be charged with a malpractice case.
Mistakes involving lack of interventions, medical errors or treatments, which result in injuries, are some of the most common causes of malpractice cases. Generally, for a plaintiff to establish that a malpractice occurred, he will need to prove certain elements of the case.
In some cases, it is easy to determine and prove negligence in a court of law. For example, if a doctor order the amputation of the wrong limp and it caused harm to the patient, then you can see that negligence occurred. If the wrong medicines were given to a patient and he died, then it is easy to prove negligence. However, in some cases, it is complex to prove negligence.
- Do you need medical malpractice insurance?
It is important for doctors to buy malpractice insurance. Although a majority of medical professionals may not be involve in malpractice cases, some medical practices and hospitals require that doctors have an insurance policy that covers malpractice.
- Should you sue the doctor or the hospital?
Sometimes it’s may be easy to know who caused your injuries, but there are cases where it’s not very clear. A medical malpractice lawyer can help you determine if it is the hospital, physical, staff or the three.
- Receiving a medical malpractice settlement
Because of so many malpractice cases in the United States courts, it could take 6 months to one year before a settlement is given. This is a long process that places a huge burden on the struggling patients, you 90% of the cases are often settled out of court.
- Negotiating your settlement
In order to get a settlement for your case, significant amount of negotiation is required to determine the final amount that will be given as compensation for malpractice. The negotiations are based on economic as well as non-economic damages. Loss of quality of life, pain and suffering are few examples of non-economic damages that are challenging to quantify in these negotiations. The law may also limit the amount you are supposed to receive as compensation depending on the state you live in.
- Getting the approval of your doctor
One of the main differences between medical malpractice cases and other types of personal injury cases is the fact that the medical professional being sued (defendant) must agree to your settlement terms and amount. Once you have reached an agreement, you may have to get the approval of the court.
- Receiving your settlement
After an agreement has been reached, you will receive your medical malpractice settlement. The defendant will send a settlement check to your malpractice lawyer. The lawyer will deposit the money in an escrow account and deduct his legal fees before releasing the money to you.
- Structured and lump sum settlement options
You can receive a malpractice settlement in two ways: a structured and lump sum settlement. You can actually receive your settlement as a combination of the two options, with a small lump sum for starters and structured payment later on.
Lump sums are the easiest way to get your settlement money and this option makes it easy for you to pay for your current and future medical bills. However, it’s best if structured settlement agreement is used for some cases, especially if you are going to need permanent care.
Benefits of hiring a malpractice attorney
If you are a victim of medical malpractice, it is important that you hire a professional malpractice lawyer. Here are the benefits of hiring a reliable malpractice attorney:
One of the main benefits of hiring a malpractice attorney is the ability to compile a case and present so that they can present it to the jury. A lawyer working for you will make sure that the review the various aspects of your case to come up with a strong case.
Covering your medical costs
You may need continuous medical care while the case is in process and you also don’t want to pay your medical costs that have accrued while waiting for the verdict to be reached. It can take months before a verdict is reached for your case; therefore, having an attorney to represent you can help you get the compensation that you are entitled to.
Before you start working on a malpractice case, make sure that you hire an experience malpractice attorney.