| Medical malpractice cases can be big news, but | | | | often be difficult to prove that the medical |
| these cases run the gamut from minor injuries to | | | | professionals acted negligently. All medical records |
| permanent injuries to death. What is medical | | | | have to be carefully examined to determine if |
| malpractice? It's a mistake, often called medical | | | | malpractice really did take place. Did the doctor |
| negligence, made by a doctor, nurse, or other | | | | not perform his or her duties up to the standards |
| medical professional that results in a patient's | | | | expected of the profession? This can be likened |
| injury. Doctors and medical facilities maintain | | | | to a driver who runs a red light or doesn't stop |
| malpractice insurance policies to pay for these | | | | for a stop light. |
| mistakes, and patients can file lawsuits against the | | | | It is also important to note that each state has |
| doctor and medical facility or hospital to receive | | | | what is called a "statute of limitations" on medical |
| money for the injuries. | | | | malpractice claims. So, you need to act quickly if |
| The most obvious type of medical malpractice is | | | | you believe malpractice has taken place because |
| a mistake made during surgery. This famously | | | | after a period of time, you will no longer be |
| happened to comedian and former Saturday Night | | | | allowed to file a lawsuit. |
| Live star, Dana Carvey. He had a blocked artery | | | | Most lawyers who work on medical malpractice |
| to his heart, but the surgeon ended up operating | | | | cases don't require you to pay them a fee up |
| on the wrong artery. This meant that Carvey had | | | | front. They work on what is called a |
| to undergo a second surgery. In this high profile | | | | "contingency" basis, which means that they take a |
| medical malpractice case, Carvey was awarded | | | | percentage of the total settlement you receive |
| $7.5 million. | | | | when the case is finished. The lawyer takes a |
| Other surgical mistakes could lead to infection, | | | | certain risk here, so it's to the lawyer's advantage |
| paralysis, accidentally cutting a vital organ, or | | | | to only take cases that are likely to lead to a |
| leaving a foreign object inside the patient's body. | | | | settlement that will be higher than the costs of |
| Surgical mistakes are only one type of medical | | | | the lawsuit. This means, first and foremost, that |
| malpractice, however. These cases can involve | | | | there must be what is called "causation." |
| any number of mistakes, such as: | | | | Causation means that it must be provable that |
| Misdiagnosis - A doctor may inaccurately | | | | the injury occurred as a direct result of the |
| determine that a patient has one condition or | | | | medical professional's negligence. Most of the |
| disease when it is later discovered that the | | | | lawyers who handle medical malpractice cases |
| patient had a different condition or disease. If the | | | | have medical investigators to help them develop |
| real disease goes untreated, it can lead to injury | | | | the evidence to prove that you or your loved |
| or death. A misdiagnosis may also lead the doctor | | | | one was indeed a victim of malpractice. |
| to prescribe the wrong medications or | | | | It's also to the lawyer's advantage to try to get |
| unnecessary surgery, which can cause injury to | | | | you as much money as possible and to try to |
| the patient. | | | | keep your case from going to court. This means |
| Delayed diagnosis - In this case, the physician fails | | | | that the lawyer will negotiate on your behalf with |
| to determine that the patient has a serious illness | | | | the lawyer for the malpractice insurance |
| such as cancer or heart disease. Obviously, if the | | | | company, working to obtain a settlement for you. |
| person isn't treated because the doctor failed to | | | | Experienced medical malpractice attorneys know |
| recognize the illness, it could lead to injury or | | | | what settlement amounts are reasonable to |
| death. A delay can also occur if someone is | | | | expect for different kinds of cases. |
| forced to wait in an emergency room for too | | | | How long do medical malpractice lawsuits take to |
| long, for example. | | | | settle? This varies greatly and depends on a |
| Anesthesia Mistakes - Anesthesiologists are | | | | number of factors. The more complex the issues |
| responsible for the medication that causes a | | | | involved, of course, the longer it will probably take |
| patient to sleep during a medical procedure. Since | | | | before a settlement will be reached. |
| people can be sensitive to these medications, it's | | | | The most important reason for filing a medical |
| the responsibility of the anesthesiologist to review | | | | malpractice lawsuit is to receive the money you |
| a patient's medical history to try to ensure that | | | | need for medical care related to the injury. If the |
| the anesthesia medication won't cause problems. | | | | injury is permanent, such as in the case of |
| If it does, the anesthesiologist and medical facility | | | | cerebral palsy or paralysis, the costs can be |
| may be sued for the patient's injuries. | | | | enormous and will last a lifetime. The injured |
| Prescriptions - Before prescribing medications, a | | | | person or the caretaker of the injured person |
| doctor needs to know all other medications that a | | | | may not be able to work for a period of time, so |
| patient may be taking because it can be | | | | there may also be a loss of income - before the |
| dangerous to mix them. It can also be dangerous | | | | settlement and perhaps also in the future. |
| to take some medications if the patient has a | | | | In addition, there may be money awarded for |
| specific disease. For example, a particular heart | | | | what is called "pain and suffering" and for "loss of |
| medication may be dangerous for someone with | | | | consortium," which refers to a loss of benefits by |
| Parkinson's Disease. | | | | the injured person's husband or wife. Punitive |
| Childbirth - If medical personnel make mistakes | | | | damages are also sometimes awarded, which is |
| during childbirth, the result can be death or | | | | punishment when the negligence is extreme. |
| permanent disabilities, such as brain damage in the | | | | Monies in the settlement that are for |
| baby. | | | | non-economic damages, such as pain and |
| Of course, these are just a few of the more | | | | suffering, punitive damages, and loss of |
| common forms of medical malpractice. Dental | | | | consortium, are restricted in some U.S. states. |
| malpractice and all sorts of other possibilities exist | | | | Another reason for filing a medical malpractice |
| in the medical field. | | | | suit, however, is to make sure that the medical |
| What to Do If You Have Been Injured by Medical | | | | professional isn't negligent with other patients. This |
| Malpractice | | | | doesn't mean that the doctor will be forced to |
| If you believe that you or a loved one has been | | | | stop practicing medicine, however. In most cases, |
| injured by medical malpractice, the first thing you | | | | the malpractice is considered to be an honest |
| need to do is consult a lawyer. These kinds of | | | | mistake. The negligence must be extreme for a |
| cases can be very complicated, so it's absolutely | | | | doctor to lose his or her medical license, and the |
| necessary to have an experienced attorney | | | | health department is the agency that must make |
| working on your behalf. | | | | that decision. |
| Why are these cases so complicated? It can | | | | |