Medical malpractice occurs when a doctor or another healthcare provider causes harm to a patient by failing to perform his or her duties properly. For example, a doctor may be guilty of medical malpractice if he or she fails to diagnose an illness, fails to treat an illness properly or fails to warn a patient of the risks associated with a certain course of treatment. When someone is a victim of medical malpractice, the associated losses can be significant. In addition, healthcare professionals who are guilty of medical malpractice once may be more likely to harm other patients in the future. Thus, it is important for anyone who is a victim of medical malpractice to take legal action against the guilty party.
Medical malpractice can lead to a variety of consequences for the victim and his or her family. Some of the financial consequences of malpractice include:
People who have been harmed by medical malpractice may also experience unnecessary physical pain and mental anguish. Family members may also suffer as a result of the victim’s injuries or illness.
Being a victim of medical malpractice can change your life immensely. Depending on the nature of the error, you may suffer needless pain, require more time in the hospital and/or rack up medical bills that could have been avoided. Some medical malpractice errors can even lead to permanent disability that makes it difficult for you to earn a living, enjoy your former hobbies, or take care of yourself without assistance. Although receiving a settlement from the responsible party will never fully compensate you for all of the trouble and pain you’ve experienced, the settlement money may make it easier for you and your family to recover and move on with life.
Filing a lawsuit against the party responsible for a medical malpractice incident can also lead to systemic change that may help to protect future patients from harm. For example, if you file a successful claim against a hospital, and the hospital is held responsible for its negligence, the hospital will then have a greater incentive to look into current policies and to identify areas needing improvement, so as to avoiding repeating the same error again. Improving weaknesses within a hospital’s operational structure may help prevent future injury to future patients.
If you or a loved one has been a victim of medical malpractice, you may be able to recover compensation by filing a formal claim against the negligent party. However, it is so important to understand that any medical malpractice claims must be filed within a relatively short amount of time after the incident occurs, so you do need to move quickly.
In order to win your case, you will need to prove several different things. First, you must prove that a doctor was negligent in the treatment he or she provided (or failed to provide). In other words, you must prove the doctor fell below the “standard of care.” Second, you need to prove that the doctor's negligence caused an injury. And finally, you need to provide evidence of the injury itself.
If you are wondering whether you were a victim of medical malpractice, it’s so important that you consult with an experienced attorney who specializes in medical malpractice. These cases are often complicated and may require you to present complex, detailed evidence, including testimony from medical experts. An experienced attorney can help you make sure you have all of the resources you need to give yourself the best chance of winning the case in court.
