Medical malpractice is the result of negligence on the part of a medical professional at some point along the care continuum from diagnosis to treatment. Nurses, surgeons, general practitioners, specialty doctors, technicians, dentists, therapists, and others employed in the healthcare field may be found to have caused injury to a patient.
According to the National Practitioner Data Base (NPDB) there are over 12,000 cases of medical negligence annually in the United States. In a separate study conducted by John Hopkins University, the figure is much higher. Their research determined that upwards of a quarter million Americans die each year from medical malpractice.
All things considered, the need for attorneys to represent clients who have decided to litigate for professional misconduct and dereliction is obvious. The client of a medical malpractice lawyer may be the patient themself or a family member.
Offenses that result in legal action are expansive and may include anything from an incorrect diagnosis to failure to obtain patient consent for treatment, surgical errors to birthing mistakes, breach of doctor-patient confidentiality to ethical misconduct, failure to deliver the proper standard of care, and more.
Often, a patient or surviving family member may be reluctant, overwhelmed, or unsure of where to begin the litigation process. A suit usually begins when a potential plaintiff contacts the healthcare provider who they believe has been remiss in carrying out their responsibilities.
An honest conversation regarding the issue of neglect should ensue, and the practitioner should be given the opportunity to provide an explanation for their decision-making and actions. It is not unusual for the healthcare provider to offer some form of recompense at this point – either in the form of further treatment or a monetary refund.
If the complainant remains unsatisfied, the next step is to contact the medical licensing board. They may investigate your concerns further. This could result in further sanctions or admonishments. However, medical licensing boards do not have the authority to require monetary compensation for any actions taken by a medical practitioner.
Often, the only remedy is to seek the services of a medical malpractice attorney who is trained to review a complaint and provide support in the process of seeking compensatory redress for negligence. There are several important points to keep in mind.
First, many states have imposed a statute of limitations on medical malpractice suits. In other words, a potential petitioner may have a specific window of time in which to bring a lawsuit before the courts and receive monetary compensation for negligence.
A client requires the services of a medical malpractice attorney when they believe a healthcare practitioner has failed to meet the standard of care expected in the delivery of a diagnosis or treatment for their own or a family member’s medical condition.
Although the average person does not have the expertise of a practitioner, there are both subtle and overt signs of malpractice. For example, when a simple medical procedure results in further injury, neglect is probable.
