Medical malpractice is a serious issue that affects hundreds of thousands of Americans every single year. The impact that this issue can have on a person’s life can range from slight inconvenience to death.
If you are the victim of medical malpractice, then it is essential that you are aware of your rights. Even if the issue is not causing you huge problems in the present day, this does not mean that the problem will not evolve in the future. Being aware of your rights and taking the appropriate action is always wise.
What Is Medical Malpractice?
If you are not fully aware of what this term means, then it will be even harder for you to know if it applies to you.
The definition of this type of malpractice is when a medical professional neglects to provide the correct treatment, resulting in harm to the patient. This harm might involve a further medical complication, an entirely new medical problem, or couldresult in a fatality.
Medical malpractice usually relates to an error on the part of the professionalbut can also very infrequently occur for different reasons.If the neglect is intentional, then this will be very serious for all involved.
What Is a Medical Malpractice Lawsuit?
A lawsuit can be filed against a medical professional or care facility, such as a hospital. The purpose of such a lawsuit is to hold the perpetrator of neglect responsible for their actions, as well as to seek financial compensation.
If you want to file a lawsuit of this nature, then you will need to reach out to a relevant professional to help you. Attorneys who specialize in personal injury law are among the most qualified to deal with this issue.
If your case pertains to treatment received in Missouri,then contacting Brown &Crouppen will be your best option for a positive resolution. The Brown and Crouppen St Louis office is able to take your call and assess your case at any time. Do not delay in making a call, as this can complicate matters.
Typical Malpractice Cases
There are several different errors that can equate to medical malpractice.
- An incorrect diagnosis
- Failure to reach a diagnosis
- Being discharged from care prematurely
- Lack of adequate testing
- Prescribing the wrong medication / wrong dose
- Unnecessary or incorrect surgical procedures
- Leaving medical items in a patient’s body after surgery
- New medical issues due to a lack of adequate care after surgery
If you have experienced any of these problems, you will definitely want to contact an attorney.
It is incredibly likely that you will have accrued substantial medical bills as a result of this malpractice. It is both unfair and unreasonable to expect that you will pay for these costs out of pocket. Your attorney will be able to help you reach a settlement with the provider responsible for the error.
Fatal Medical Malpractice
If a patient dies due to a medical error, then the family of the patient may wish to file a lawsuit.
There is much ongoing debate as to when medical negligence should be categorized as a criminal act. Before the 1980s, there were only 15 documented cases of criminal prosecution for medical negligence. In recent years, these figures have started to rise. It is no longer unheardof that a doctor may face a manslaughter charge, or even a murder charge, for committing fatal medical malpractice.
In order for a civil malpractice case against a healthcare professional to progress to a criminal charge, there must be overwhelming evidence to support this accusation. A prosecutor must be able to prove without a doubt that the harmful behavior was intentional and unjustifiable.
Filing Your Claim
If you have reached the point of wanting to file a claim for medical malpractice, then you will want to know how to do this properly. If you do not raise your claim in the correct way, then you are putting the outcome at risk.
Hiring an attorney and explaining your case to them clearly is the first step. Your attorney will then file a claim on your behalf.
Your claim may then progress to a trial. Before the trial takes place, both parties will share information about your case so that everyone has all of the relevant documents and data.
At any point during the process of information sharing, the parties have the option to settle out of court. If this happens, then a financial sum will be agreed upon, and the case will not have to go to trial.
If the case does go to trial, then your attorney will need to prove that the defendant was, in fact, neglectful. The defendant will have the opportunity to explain their actions and to offer an explanation that relieves them from the responsibility of having been neglectful.
If either party is dissatisfied with the result of the trial, then they will have the option to appeal the decision. Due to the appeal process, medical malpractice lawsuits can sometimes go on for several years.
What to Expect from the Lawsuit
As the successful plaintiff in a medical malpractice lawsuit, you may expect to receive compensatory damages and punitive damages.
Compensatory damages relate to any financial damages that you have personally encountered as a result of this incident. This might involve lost earnings from being unable to work, the cost of any necessary care, and medical expenses.
Punitive damages are usually only awarded when the defendant is found to have acted maliciously or with deliberately harmful intent. These damages are awarded as further punishment to the defendant and serve as compensation to the plaintiff in addition to compensatory damages.
A lawsuit of any nature can be a very stressful and overwhelming experience. It can at times feel easier to simply let it go and not go ahead with a trial. Try to remember that it is not your fault that you are in this situation and that you are likely entitled to financial assistance.