Healthcare providers are not always the trustworthy stalwarts who will guarantee your health care is taken care of without question. There are many cases where the provider denies the patient coverage resulting in life-threatening outcomes.
It would be heartless to view such cases as isolated incidences given the life-threatening ramifications of such decisions on the lives of many innocent victims. If you or your family member become a victim of medical malpractice you will need the right legal representation. To get the latter, make sure you take your time. Below are the most common questions you would have in such cases – answered by our experts, medical malpractice attorneys in Dallas.
How serious is medical malpractice?
A recent editorial in Forbes magazine that involved deep research into medical malpractice cases, gave shocking tales to all readers. The sheer number of medical related errors are astonishing. Most of these errors arise from sheer negligence or improper handling of duties by hospital staff. It is no surprise there are instances of surgical incompetence, where a sponge remains inside the patient’s body.
This prompts weeks of unprecedented, agonizing pain in the abdomen, brought about by infection. Another careless example would be medicine mistakenly injected into a baby’s IV with the dosage of a 200-pound adult. Here are some of the lesser known facts about medical malpractice nationwide:
- Medical malpractices are the leading killer nationwide, only seconding cancer and heart disease. A recent report published by the Patient Safety journal indicates several mistakes and cases of negligence that result in the death of hundreds of thousands annually. What the report gives are estimates, meaning the actual number might be much higher. Despite all the issues in play, we do have a difficult situation on our hands.
- The highest number of medical malpractices claims arose from obstetrics. The number was way higher last year and this year seems no different.
- Errors arising from faulty surgery are common medical malpractices. The most common types are the unneeded procedures; for instance, surgery is done on the wrong body part. Other types of requires using contaminated devices or rather instruments during the procedure. Surgery that can bring about damage to fine body organs can arise from the wrongful use of anesthesia dosages.
- The number of payouts arising from medical malpractices rose in the billions of dollars. There has now been a steady rise witnessed in recent decades. As of 2012, the figure was a single payment happening every 43 minutes.
- Medical malpractices being far from difficult when handling require expert lawyers to win. One disturbing fact points out to the low amounts given in compensation. The studies have established that most insurance claims go without compensation altogether. Over 90 percent of the medical malpractices hardly make it to the trial stage. The median payout on such claims keeps rising and qualify among the biggest payouts to injury-related cases.
- Compensations that receive the largest amount are those arising from the worst form of injuries, usually the more permanent. The lesser the physical harm caused, the lower the chances your claim receives a payout.
What makes a situation qualify as a case of medical negligence?
When a patient incurs damage due to the negligence of the medical provider, they can file a malpractice claim. Not all cases qualify as medical negligence. Occasionally, healthcare providers will inform their patients and those experiencing negligent medical care of their shortcomings. Organizations that run on openness and honesty will even offer an apology and admit to their wrongdoing.
An apology can prevent the aggrieved party from filing a medical claim, instead, they will settle for litigation. Insurance companies try to settle with the injured as fast as possible, with the intention of preventing further discovery or uptick in the injuries. In the event the aggrieved decides to hire an attorney, it will automatically translate to a higher settlement value on their claims.
Prosecuting medical malpractice cases is not easy – they are stressful, time-consuming and costly, not forgetting most end up unsuccessful. With medical error-related deaths in the hundreds of thousands, barely a handful make it to court in the form of medical malpractice cases. The most experienced attorneys in the medical malpractice field, will not take up a case until the damage or injuries occurred and well documented. They will then be run through an expert in that specialty who will substantiate and justify the authenticity.
Negligence arising from medical malpractice remains a big challenge to the medical practice. Only with the help of a medical malpractice attorney can you get justice from your situation. Apart from their qualifications, skills, and expertise, some offer personalized services that look out for your best interests. Never settle for less, especially when you can turn your misfortune into good fortune with the right legal team by your side.