It’s the worst possible scenario when you or a loved one has a medical procedure performed. The medical staff made a mistake resulting in injury or death to the patient. This can lead to a medical malpractice lawsuit.
What Is Medical Malpractice?
Medical malpractice is when a doctor, other medical staff, or a medical facility has failed to live up to its obligations as a medical provider, resulting in death or injury to the patient. It usually results from medical negligence, which is an unintentional mistake on the part of medical personnel.
How To Determine If Malpractice Was Committed?
Did the medical personnel act any different that others would have in the same circumstance? This is a good way to know if you have a malpractice claim.
Determining if malpractice has been committed during medical treatment depends on whether the medical personnel acted in a different way than most professionals would have acted in similar circumstances.
A common occurrence of medical malpractice happens during surgery. Maybe the surgeon gets in there and operates on the wrong part. Maybe a piece of equipment gets left in a patient. These sound extreme, and yes they are rare, but they do happen.
However, not all medical malpractice suits are as easy to determine. Maybe a mistake was made while the physician had to make a quick decision. That makes it harder to prove that another provider would have easily done something different. In the heat of the moment, even physicians cannot be expected to be 100% correct.
Do Medical Malpractice Suits End Up In Court?
Most medical malpractice suits are settled out of court. Hospitals usually prefer to pay the patient or his/her family a sum of money to avoid going to court.
However, if the hospital really feels like they or their physician didn’t do anything wrong, then you may end up in front of a judge or jury.
How Best To Handle A Medical Malpractice Claim?
Being the victim of medical malpractice is a frustrating and infuriating experience. The first thing you want to do is hire a great attorney. Hospitals and physicians have powerful people working on their side. So do the insurance companies. You need to make sure you have qualified counsel working for you.
Your attorney will probably work on a “contingency” basis, meaning he or she will only get paid if you receive a settlement. The lawyer will take a percentage of the settlement as payment.
If You Feel You Were Wronged Do Something About It
Learning what is medical malpractice is just the first step. The second step is to hire an attorney. After that, it will probably be a long and winding process. But with some patience and good legal counsel, you will be able to recover for the injury or death that happened to your or a loved one because of a mistake made by a doctor or medical facility.