A patient has to prove the facts that include i) healthcare professionals had a duty of standard care, but they failed to provide so ii) the patient suffered injuries or injury and iii) the injury was due to the negligence of the medical professionals to claim compensation for medical malpractice caused by the medical professionals. The definition of standard care varies from one state to another. If a surgeon did not act in the manner other surgeons would have performed in the same circumstances, then it can be said that the surgeon was negligent medically. However, to prove the negligence of a healthcare professional is a complicated task.
The medical practitioner can argue that the cause of an injury or death was because of a pre-medical condition. Psychiatrists and psychologists can also be sued for medical negligence, though cases are complicated to prove as the injuries are non-physical. Patients who suffer from injuries are always advised to hire a lawyer who can help them negotiate the settlement for recovering the costs they have incurred for the treatment. In these cases, lawyers work based on contingency, which means the clients are not needed to pay them. Their fees are contingent on receiving the settlement money from the insurance company.
What causes medical carelessness?
When the medical treatment is below the conventional medical standards, it results in negligence, commonly known as medical inattention. When a patient suffers injury due to this negligence, he can file a suit for claiming medical malpractice. In case of death of the person, his family may file a lawsuit. The most common negligence happens during surgery, and there are endless types of neglect. Some of the examples are as the following:
• Damage to another organ during operation No treatment because of a wrong diagnosis or inaccurate treatment of a medical condition
• Causing delay in treatment that resulted in injury or death.
• Prescribing incorrect medications or prescribing a drug of a harmful dosage. This can be negligent behavior on the part of the doctor or the pharmacist, or the nurse administering it.
• Medical instrument left accidentally inside the patient while performing the surgery.
• Administration of ineffective or improper anesthesia before the surgery.
• Performing unnecessary operation that results in the inability of the patient to bear children.
• A botched cosmetic process that gives a severe unpleasant result or causes an injury.
• Mistake committed during childbirth leads to the infant’s death or causes permanent harm to that infant-like brain damage.
Whether the cases go for a trial?
Most of the medical negligence cases are settled outside the court. However, when both the parties are unable to agree on the amount, the case goes for trial. The jury makes the final decision regarding the patient’s entitlement to compensation. Before going for the trial, negotiations might take place. Nonetheless, it is not uncommon for the trials to take place at the court. Here, the plaintiff wants to settle the matter by making the defendant pay more money while the defendant wants the plaintiff to settle for the current offer. Both the parties do not want the cases to go to trial as the expenses are much higher than the settlements made outside the courts.