People hold doctors with high regard since they are intellectuals who deal with a very important aspect of every person's life: their health. We trust doctors with our lives because they are experts when it comes to medical issues.
So it is sad when we hear of stories of medical malpractice. In fact, it is very troubling. Doctors should carry out their jobs responsibly because they owe it to the people who entrust their lives to them.
People can sue negligent doctors who are liable to the injury or death of a patient. Of course, there are factors to consider in order for a case to be valid in court. A credible expert shall determine such factors. This expert should be able to attest that the standard of care wasn't followed.
A plaintiff must be able to establish the four elements of tort or negligence for a successful medical malpractice claim:
1. A duty was owed – A legal duty under common law is required whenever a hospital or health care provider undertakes care or treatment of a patient.
2. A duty was breached – The provider failed to conform to the relevant standard of care.
3. The breach caused an injury – The breach of duty was the proximate cause of the injury.
4. Damages – Without damages, there will be no basis for a claim, regardless whether the medical provider was negligent.
Statutes of limitations, i.e., time limit upon which you can file a medical malpractice lawsuit, vary from state to state. In California, a medical malpractice legal action for an injury or death must be brought to the court within one year from the date of discovery of the negligent act, but no more than three years from the date of the injury.
According to a study done by the Institute of Medicine, 98,000 Americans die annually due to medical errors. Other studies show 7,000 die because of prescription errors. 1,500 patients lose their lives to surgical negligence every year. Among this, only one in every eight instances goes to court.
Unfortunately, medical malpractice cases are one of the most difficult lawsuits filed in a courtroom. Trials usually take a long period before the court reaches a verdict. Moreover, the cost of bringing a case to trial goes beyond the monetary amount expected by the complainant to receive after.
Statistics show that patients who have been harmed because of medical malpractice seldom sue for damages. Still, people should not allow the person/s responsible for the injury or death of a patient to get away with their negligence. There is something they can do to obtain justice for the irreparable damage caused by the medical error.
Like other suits, you will need legal assistance from a good lawyer. In this case, look for one who specializes in medical malpractice. Their general purpose is to review the case history, assess the damages and losses sustained, and advice if the complaint is legitimate to be admitted in trial.
It is very important to hand over the case to an expert attorney. Otherwise, you might be wasting a lot of your time and money. See to it that you find the lawyer who has the greatest odds of winning the case. Their histories and experience will help you in choosing the right lawyer.
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Article added to SearchWarp.com on Monday, January 21, 2008 View other articles written by Jinky Belle Abelardo(7)
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