When it comes to medical malpractice, ideally it never happens. However, it’s important to realize that medical malpractice not only can occur, it frequently does. Hopefully, you or someone that you love never has to deal with this issue, but for the unfortunate few that have to encounter it, you have options. Read on to find out more about medical malpractice and what to do if it happens to you.
1. It’s the Third Leading Killer in the U.S.
Medical malpractice is the third leading cause of death in the United States, according to a survey by the Journal of America Medical Association. If you think that’s disturbing, consider that over three billion was cashed out in settlements claiming medical negligence– 1 every 43 minutes. Yikes.
2. It’s A Deviation from Accepted Standards of Healthcare
Essentially what this means is that doctors are expected to perform to standards of healthcare. When they don’t do their duty, it is gross negligence and can be grounds to sue.
3. Make Sure Your Claim is Valid
If you believe you or someone you know has been a victim of medical negligence, consult an experienced medical malpractice attorney. They’ll be able to help you determine whether you have a case or not and can go to court. This means you’ll need documentation of your injuries at the very least.
4. What to do if you experience medical malpractice?
If you are a victim of medical malpractice, you should consult an attorney as soon as possible. An experienced attorney will be able to evaluate your case with you and see if you still have a case. The statute of limitations can run out, and they’ll be able to tell you whether you’re able to file or the window has passed.
5. How can I avoid being a victim?
Document your illness. Take a journal and record everything, from what doctors say to you to what your condition is all about. Ask your doctor about things regarding your illness and take down every symptom and every medication you are prescribed, as well as quotes and statements from the various doctors and your thoughts on their treatment.
6. How do people see medical negligence?
States impose limits on damages that can be awarded to claimants because there is so much incentive financially to file a claim. This can work against people who have really bad injuries and need care for the rest of their life. Some see it more as a scam while others pay attention to it seriously.
7. Why do some people not sue?
One reason is stigma against a respected profession. Another may be fear, whether of going to trial, making someone angry or of being refused treatment by cautious medical professionals in the future. Another reason is easily the financial aspect, which can scare people away.
8. Are doctors not to be trusted?
You should trust your doctor, but never trust their judgment over your own. If you feel something is wrong or you’ve received a wrong diagnosis, it’s possible that you have. Still, it’s wise to record everything just in case– no matter whom your doctor is.
If you have gone through medical malpractice and need advice, consult The Law Offices of Payas, Payas and Payas today to see what your options are.
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