Hospital malpractice is a case that involves a medical patient receiving emotional and physical injury or wrongful death through a wrong action or inaction by a health care professional or a medical facility. Some of these malpractices happen because of the insufficiency of the medical staff or the lack of training. The standards and regulations for medical malpractice differ by country and jurisdiction. Malpractice lawsuits are now slowly growing in numbers. Such growth is very alarming.
The Journal of American Medical Association shows that there are 106,000 patients that die every year that are caused by the negative effects of medication. There are 80,000 patients that die due to complications caused by infections that have been incurred in hospitals. Twenty thousand deaths happen every year from hospital errors, 12,000 deaths every year that are caused by unnecessary surgery and 7,000 malpractice deaths per year that are linked to medical errors. All of these numbers total to 225,000 deaths each year.
Then the general hospital malpractice statistics also show that there are 90% of malpractice trials in 75 of the largest counties in the US that involve death and permanent injury. It is approximately 50% of these malpractice trials were filed against surgeons. Only 33% of trials are against non surgeons. 27% of these cases were won by the plaintiffs. Only one out of ten potential medical malpractice cases ever get the chance to reach a lawyer’s office.
If you are part of the statistics, if you are a victim then here is some important information you need to know.
There are only top five diseases that can receive monetary awards for malpractice, in terms of its dollar value. They are breast, lung cancer and colored cancer. Then heart attack and appendicitis round up the list. The main allegation for these cases is some form of misdiagnosis which is either delayed or mismanagement of the diagnostic testing. Such misdiagnosis leads to complications becoming severe and also to death. Note this is disease-oriented only; it does not mean that you do not have a malpractice case if these diseases are not present.
In order for a hospital malpractice case to win, there are two factors that need to be considered. One is that the case should start before the statute of limitations has run out. Statute of limitations is defined as a legal term that is related to when someone can file a malpractice suit. It is a time limit that restricts when someone can file a lawsuit. This length of time differs by country and state and it also differs depending on the kind of specific allegations or lawsuit.
The second factor to be considered is to prove that the malpractice was true and not a medical error or any other event that cannot be considered malpractice or negligence. This is because a lot of surgeries, drugs and procedures always involve risks and side effects. Injuries that involve medical intervention can still be considered normal or within the accepted “standard of care” by medical professionals.
Always remember that even if you sign a waiver before any surgery or procedure, it does not take your legal rights away from you as they want you to believe. Always take notes, record everything that has been said and done to you so that you can use them on court in the future.
If you are a victim, then it is time to see a medical malpractice lawyer and find out more about your rights.