Unfortunately, nearly 440,000 deaths in the United States every year are caused by medical errors. The Institute of Medicine even found that the majority of Americans will suffer a delayed or incorrect diagnosis from a doctor at least once in their lives. Mistakes like these often have harmful consequences and can lead to worsening health conditions, injuries, and even death for patients. As a lawyer, it is crucial that you know everything you can about these all-too-common lawsuits. Use the guide to get started.
Medical malpractice comes in many different forms. Injuries and death can be caused by a number of mistakes including, but not limited to, surgical errors, delayed or improper treatment of health problems, misinterpretation of lab or x-ray results, birth injuries, or a failure of diagnosis. There are other causes of mistakes that can constitute medical malpractice, so it’s wise to reach out to a medical legal consulting company for guidance.
Complications and Negative Outcomes Aren’t Malpractice
Sometimes during medical procedures or surgeries, complications can occur. These can also result in harm or death. However, this does not necessarily mean there was negligence involved. In medicine, there is always the chance of a side effect or adverse outcome, even if nobody made a mistake.
Patients Must Initiate the Lawsuit
In most cases, it is up to the victim or family of the victim to look for the possibility of medical malpractice. It is unlikely that you will approach patients with the idea, as often happens in movies. Patients and family members must be mindful of anything out of the ordinary or care that doesn’t meet expectations.
There are two factors that you must prove in order to have a successful medical malpractice lawsuit. You must first provide evidence that the medical professional did not meet the standard of care. Then, you must prove that the patient was harmed because of the mistake. Often, it helps to use a medical expert witness service to determine the quality of care that the patient should have received.