Each year, billions of dollars are spent paying out medical malpractice lawsuits. Medical Malpractice is the third leading cause of death in the USA according to the Journal of the American Medical Association (JAMA). In places, one and two sit heart disease and cancer, so this is an extremely significant issue that needs reform. Medical Malpractice is easily defined and it’s important to know your rights to find out if you have fallen victim to it.
Medical malpractice refers to negligence by a healthcare professional or provider in which the treatment provided was substandard and caused harm, injury, or death to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management. To constitute medical malpractice, the claim must have the following characteristics: a violation of the standard of care, an injury that was caused by negligence, and the results of the injury involved significant damages.What is Medical Malpractice?
Medical malpractice involves a mistake by a medical professional that in turn causes harm or injury to the patient.
Medical Negligence and Injury or Damage
Medical malpractice can take many forms, often resulting in worsening injuries. Here are some examples of medical negligence that might lead to a lawsuit:
- Failure to diagnose or misdiagnosis
- Misreading or ignoring laboratory results
- Unnecessary surgery
- Surgical errors or wrong site surgery
- Improper medication or dosage
- Poor follow-up or aftercare
- Premature discharge
- Disregarding or not taking appropriate patient history
- Failure to order proper testing
- Failure to recognize symptoms
Most medical malpractice cases hinge on whether a health care professional was negligent in treating (or failing to treat) a patient. And medical negligence is always measured by the medical standard of care that applied in the specific treatment setting in which the patient was harmed. The standard of care is defined as “the caution that a reasonable person in similar circumstances would exercise in providing care to a patient.” Other contributing factors include age, gender, occupation, and where the patient lives geographically.
Whether or not the standard of care was breached depends on the provided testimony of the plaintiff’s medical witness(es) who are usually doctors with experience and expertise of the patient’s condition within the same geographic region.
To have a strong medical malpractice case, you need to be able to prove that your healthcare provider didn’t adhere to the above standard of care and then file a claim with the help of a medical malpractice attorney.
How do you determine if you have grounds for a medical malpractice claim?
To determine if you have grounds for a medical malpractice claim, you must prove that a medical professional made a mistake during your treatment and that you were injured because of it. It can be very difficult to win a medical malpractice case and it’s important to face that with an experienced attorney on your side. Medical care facilities and physicians take out insurance policies specifically to protect themselves against these cases, making it even more complicated because you deal with the insurance company and not the health care provider themselves.
Filing a Medical Malpractice Claim
At Russell & Hill, PLLC, our attorneys are equipped with years of experience handling medical malpractice claims in Marysville, WA, and the surrounding area. We believe in our ability so much that we work on a contingency fee, meaning we only charge attorney’s fees if you win the case.
Have you suffered from injuries because of the mistreatment or mistake by a medical professional? If so, now is the time to take action. You deserve to have an experienced attorney on your side so you can receive the compensation you need for medical bills and other damages, while also ensuring these types of mistakes don’t continue to occur by that medical professional in the future.
Contact one of our offices today to schedule an appointment.