More than 15,000 doctors are sued for malpractice every year. It’s hard to believe because most patients trust doctors. In fact, patients seldom question the actions of doctors, nurses or radiologists. Patients who are victims of malpractice need to consult an attorney.
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Victims Need to Be Compensated
Medical negligence usually results in a patient being hurt or dying. Someone needs to be held responsible. Indeed, malpractice attorneys are always available for consultations. Further, many attorneys visit prospective clients in the hospital. The attorney investigates the claim and finds the responsible party. They’ll fight for patients’ rights with the insurance companies.
What Is Malpractice?
Medical malpractice has different forms. Basically, the attorney proves that a doctor-patient relationship existed. For example, it’s hard to sue when someone gives free medical advice at a cocktail party. The attorney must hire an expert to prove the doctor violated the standard of care. In other words, the doctor hurt you in a way that a competent doctor would not have.
Victims may sue for pain and suffering, mental anguish, medical bills, and lost wages. Doctors are negligent by failing to warn patients about the risks of medicines and procedures. Additionally, they are negligent if they make inaccurate diagnoses. Likewise, it’s negligent for a doctor to miss a diagnosis. Further, it’s negligent to treat a patient improperly.
Malpractice Forms
Malpractice involves other professionals like nurses. Indeed, hospitals can be negligent. For instance, the hospital is negligent when personnel are trained improperly. Patients are in real danger if the hospital employs incompetent staffers. Suppose a nurse puts the wrong medicine in a patient’s I.V. bag? The hospital is on the hook for negligence if the patient is hurt. Further, the hospital can be sued if a radiologist fails to spot cancer on an MRI.
Going Public
Medicare patients have the right to report medical errors. Medicare has Quality Improve Organizations in various areas to review patient complaints. Further, patients who contract hospital infections should report it to the local health department. The information may be helpful to others. Additionally, quality of care issues may be reported to the Empowered Patient Coalition.
Birth Injuries
Birth injuries are not the same as birth defects. Rather, birth injuries occur because of negligence. Again, the attorney must show the defendant acted in a way that other competent professionals would not have. The defendant can be a doctor, nurse, or hospital.
A baby is stricken with cerebral palsy due to a lack of oxygen in the brain. Erb’s Palsy occurs because too much force is used and the baby has nerve damage. Further, several conditions may develop if the baby’s shoulders are stuck inside the mother.
Birth Injury Claims
The attorney must file a lawsuit to recover damages. In birth injury cases, the insurer tries to settle the lawsuit quickly. However, the attorney needs to rely on a life care plan. The life care plan includes everything the child needs to live a comfortable life. The child may need to live in a specialized facility. Likewise, the insurer should pay for medical equipment and home renovations necessitated by the injury. Further, the defendant is liable for medical expenses and the loss of enjoyment of life.
Medical malpractice happens every day in the U.S. No one asks to be a victim. However, it’s important to have an attorney advocate who’ll fight to make your life better. An adequate settlement is a big part of this. Victims deserve to live as comfortably as possible.
