The Facts About Medical Malpractice…
More Common Than You Think
Medical malpractice, medical negligence and medical errors are responsible for almost 200,000 deaths annually in the United States. When a health care professional causes personal injury in the course of diagnosis or treatment, you have the right to seek compensation for your injuries. Statistics show that approximately 195,000 people are killed every year by medical errors in the United States. The study notes that about 1.14 million patient-safety incidents occurred among the 37 million hospitalizations in the Medicare population over the years 2000-2002. Hospital costs associated with such medical errors were estimated at $324 million in October 2008 alone. Between 15,000 and 19,000 malpractice suits are brought against doctors each year.
The Facts About Medical Malpractice…
A Higher Standard Of Care
In an ordinary personal injury case, such as an auto accident, the defendant will be liable if he failed to act as carefully as a reasonable person of “ordinary prudence” would. When the defendant is a doctor or other health care professional, however, the standard is raised. The provider will be liable for failure to act as carefully as any reasonable professional within that area of specialty, considering education, training, and licensing standards. This doesn’t mean that every professional must make the perfect decision every time. If it did, every patient could sue every doctor.
Medical Malpractice FAQs
Q: How do I file a complaint?
A: To sue a health provide you must first file a complaint with a state court, typically in the state where the malpractice occurred. You must also complete a summons, which is a demand that the defendant show up in court to defend the case. The court will send a state official to personally deliver these documents to the defendant. You may need to sue more than one party. For example, you may sue both your surgeon and the hospital. If the defendant is a member of a general partnership, you may sue every member of the partnership.
Q: Do I have to go to trial?
A: The majority of medical malpractice cases are settled out of court with the defendant’s malpractice insurance company. In fact, it’s likely that a busy court will strongly encourage you to settle. You may reach a settlement at any time before the final verdict. The insurance company will insist that you sign a settlement agreement preventing you from ever filing suit on the same claim again. Before you sign, make sure that the settlement is enough to cover all of your losses – now and in the future. This can be hard to predict. Never sign a settlement with having it reviewed by a qualified attorney.
How We Can Help You Recover
Claims can be made for past, present, and future medical expenses.
PAIN AND SUFFERING
Medical malpractice injuries are traumatic. We can help you get the compensation you deserve.
Medical malpractice lawsuit’s can help recover lost income due to the injury incurred.
LOSS OF CONSORTIUM
I’m not sure what this is and there is. We just need a couple lines here to explain it.
Experience You Can Count On
For over 30 years our medical malpractice attorneys have successfully handled medical malpractice and medical negligence claims such as Prescription Drug Errors. One of the most common forms of medical malpractice involve prescription drug errors, which can prove fatal. While many prescription drug errors go unreported or even unnoticed by patients (or the error is caught in time), when a prescription drug error causes harm to a patient, a viable medical malpractice claim might exist.
Who Can Be Held Liable?
- Doctors and physicians who prescribe medication
- Healthcare or nursing staff who administer drugs (prescription and otherwise)
- Pharmacists who fill prescriptions
- Prescription drug companies, manufacturers, and marketers
What Can They Be Help Liable For?
- Prescribing or administering the wrong medication
- Prescribing or administering the wrong dosage
- Failure to reasonably foresee detrimental complications (i.e. harmful drug interaction)
- Manufacturing and marketing defective or unreasonably unsafe medications
- Writing illegible prescriptions that lead to patient harm