Filing Malpractice Suits Against Doctors
There are times in which all of us must put our trust in a medical professional. This can be as simple as trusting that our dentist will be able to recognize any cavities that may be forming or it may be a serious as having a doctor treat a life-threatening disease. Even though we may be very careful with whom we choose as a medical professional for our care, it is possible that they could be negligent in one way or another. Either through a misdiagnoses or wrongful treatment, injury may be the result and we would want to seek compensation. In fact, malpractice suits against doctors happen over 100,000 times every year for this very reason.
There are a lot of different reasons why we would bring one of these malpractice suits against doctors that are taking care of us. One of the main reasons that this is the case is because of negligence on their part. Doctors are responsible for being able to, not only diagnose properly but treat our illnesses effectively. From time to time they may misdiagnose something or perhaps be negligent in their treatment and this could cause injury or death to the patient. It might also be that the patient is prescribed the wrong medication or perhaps has an unexpected reaction to a combination of medications that were prescribed by the doctor. This too could cause serious injury or death to the person that is under their care.
There are times in which death occurs as a result of the illness and not because of the negligence of the doctor. In these cases, malpractice suits against doctors would certainly not stand up in court, at least not under normal conditions. Members of the family who may sue a doctor for the wrongful death of one of his patients may be seeking compensation as a form of grieving on their part. That doesn't mean, however, that the doctor would need to compensate for something that was not his fault. This is something that will be decided, more than likely, between the malpractice lawyer and his insurance company outside of the court system.
It is interesting to note that almost 9 out of every 10 cases of malpractice suits against doctors never reach the court systems. They are typically handled outside of court because the doctors and the lawyers understand that it is not financially beneficial for them to see it through to fruition. Just as you are covered by insurance in case of a medical problem, your doctor will carry malpractice insurance which will aid him in case of a malpractice suit. That is why these things typically do not end up in court, because they are decided ahead of time between your malpractice lawyer and their insurance company.
Another issue is that people tend to becoming more and more lawsuit happy and are willing to file a lawsuit for any reason in the hopes of a quick settlement. This not only puts a strain on our legal system, but also drives up medical costs for everyone. Lately, progress is being made to try to stop these frivolous lawsuits from every getting filed in the first place. In Texas, for example, if you file a lawsuit, either for medical malpractice, or any other reason, and you lose the lawsuit, you may be required to pay for all the legal fees for the person that you sued. This makes people think twice before filing a frivolous lawsuit.
When people are considering filing a medical or dental malpractice lawsuit, they must understand the legal process and what must be done. This is an excerpt from a Wikipedia article on medical malpractice and describes step-by-step the process of the process.
A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim.
- A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
- A duty was breached: the provider failed to conform to the relevant standard care.
- The breach caused an injury: The breach of duty was a proximate cause of the injury.
- Damages: Without damages (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damages can occur without negligence, for example, when someone dies from a fatal disease.
There certainly are a lot of things that can go wrong whenever you're under a doctor's care. Hopefully, your doctor is competent in his care and you took the time in advance to look up any information that you could find on him. If something should happen to go wrong, however, malpractice was put into place by the laws of the land in order to compensate you for any negligence on his part and injury to your body.
|
|
Sioux City, Peekskill, Owensboro, Elgin, Gastonia, Henderson, Mississippi, Temple Terrace, Conyers, Big Rapids, Brea, Palestine, New Britain, Glendale, Cincinnati, Jonesboro, Kingsport, Moraga, Addison, Valdosta, Jennings, Gainesville, Port Arthur, Fort Smith, Auburn, Farmington, Georgia, Austin, Tualatin, Bemidji, Soledad, Independence, West Memphis, Maumee, Cortland, Novato, Eden Prairie, Akron, Michigan, Santa Clarita, Hurst, Virginia, La Grange, Lake Forest, Simpsonville, Burbank, Altus, North Carolina, Lackawanna, Crestwood, Plover, Inkster, Ogden, Joplin, Ohio, Galveston, Kent, North Dakota, Morris, Monroe, Richmond, Cape Girardeau, Oklahoma, Atwater, Portsmouth, Lynn Haven, Coralville, Rome, Missouri, Rhode_Island, Longview, Lafayette, Seaside, Columbus, Baltimore, Brown Deer, Danville, Vidor
Accounting MalpracticeBy Kevin Stith Do Not Allow Yourself to Be a Victim of Doctor MalpracticeBy Jon Arnold Spinal Cord Injury - What It Is, How It Happens, And How To Protect Your RightsBy Dennis VanDerGinst Basic Elements in Medical Negligence ClaimsBy Rainier Policarpio |