Medical malpractice had been a problem among some of the hospitals in the United States. The substandard care given by some of the hospitals resulted to 25% (84,000) mortality and 6% (20,000) permanent disability every year (Health Affairs).
Medical malpractice refers to the negligence or an omission of an act of a health care provider that resulted to a death or an injury of a patient. If ever patients are injured because of the negligence of the health care providers such as doctors and nurses, or the hospital or even nursing homes, they can be sued for such negligence (Mitchell Brewer Richardson). An action can be considered negligence when they fail to do what a prudent health care provider is expected to do in a certain circumstance. Health care providers however does not just refer to doctors and nurses but also includes surgeons, dentists, nurse practitioners and nurses, physician assistants, chiropractors and those providers who offer alternative medicine and they too can be held liable for medical malpractice.
In addition to doctors and surgeons, a variety of other health care professionals, including dentists, psychiatrists, nurses, nurse practitioners, physician’s assistants, chiropractors and alternative medicine providers, can be held liable for medical malpractice (Responsible Parties).
However, a patient cannot just accuse anyone for medical malpractice. First is that the defendant should have a legal duty in taking care of the patient, another thing is to determine if someone is liable for the injuries caused by negligence or if the injuries were really caused by the said negligence. The bases for this are the standards. Were the standards followed? If not, was the action of not following the standards led to the injuries the patient acquired while under the care of the said health care providers.
Say for example, if a doctor operated a patient and the patient died during the operation, can the doctor be imprisoned immediately due to medical malpractice? Through thorough investigation with proof that the health practitioner was really negligent, as supported by a testimony from medical experts, that the patient really suffered damages, and that it was really the negligence of the health care provider that caused the said damages (Mitchell Brewer Richardson).
A medical malpractice case is not easy to file, even if the patient can prove that the doctor was really negligent, a case would not be possible if those proofs are not documented. If the patient was able to establish a liability then he or she can be entitled to damages. Damages may include the following, medical bills, pain and suffering, even future medical bills and lost wages are included (Do I have a Medical Malpractice Case?).
Medical malpractice cases take time to resolve. It may require a lot of research and may be very expensive to pursue with a slim chance that patients may win. Ninety percent of the cases of medical malpractice are settled even before it is brought to the courtroom. Even in some states, a settlement is required first through mediation or arbitration and with this instance it may result to a faster and cheaper resolution compared to a lengthy and expensive courtroom trials (Do I have a Medical Malpractice Case?). In addition, filing for a case against a healthcare professional for medical malpractice, there is a time limit. It differs among states but ranges from 1 to 4 years from the time the said negligence happened.
It is only through a very extensive investigation with the testimony of experts that a medical malpractice can be proven. It can be a waste of time and money for both the plaintiff and the defendant thus an amicable settlement is a better solution to this kind of cases.
Works Cited:
“Do I Have a Medical Malpractice Case?” Medical Malpractice Lawyer, Lawyers, Attorney, Attorneys, Law Firms – Lawyers. 2009. Web.
Health Affairs: The Policy Journal of the Health Sphere. 2009. Web.
“Mitchell Brewer Richardson – Medical Malpractice Cases.” Mitchell Brewer Richardson – Fayetteville, NC Attorneys at Law. 2009. Web.
“Responsible Parties in Medical Malpractice Actions.” Connecticut injury Lawyer : Accident Attorney : Criminal Defense, New Haven CT Stamford, Hartford, Bridgeport, New London, Waterbury. 2009. Web.