When a patient is affected due to the negligence of the doctor, it is termed as medical malpractice. There is a difference between medical mistakes and malpractices. A mistake associated with negligence can be termed malpractice. Therefore, medical malpractice can be referred to as the healthcare provider not following the care standards in the profession prescribed for the area. The mistake when harms the patient turns into a malpractice case. Too many questions come to mind when a medical injury happens, the internet can give you answers before you meet a lawyer personally.
Malpractice can happen during any part of the treatment process or maybe an after-effect of medicine. Providing the wrong diagnosis and delaying treatment or giving medicines meant for other patient or operating the wrong body part or giving the wrong dosage as some of the examples of medical malpractice as per www.abovethelaw.com. Statistics reveal that more than 160,000 people die due to medical malpractice in the United States every year. Patients are advised to use board-certified physicians to prevent this from happening. Getting the second opinion for complex diagnosis or incorrect diagnosis is a safe option. Clarifying all the information about the treatment is a wise means to stay safe.
When injured due to medical negligence and you wish to sue the doctor or hospital you have a case. Only a medical malpractice lawyer can help you determine if you have a valid case and if you can win a settlement. First, you have to understand if the case is set within the regulations of the state. Though this can vary the healthcare professional should have offered minimum care as per standards reasonable in a situation. If the negligence causes personal injury and if the injury has a serious impact, leaving the patient in pain or removal of a body part or unfit for work, then the malpractice case comes into play.
It is the responsibility of the healthcare professional to explain the treatment process and the adverse outcomes, results and side effects and get the consent of the patient, preferably in writing. In case the patient is not advised about the treatment, or if the doctor did not inform you about the removal of a body part during surgery, then you can sue them. The law also gives a chance for those who discover complications later. They are given a chance to file a case under the discovery rule. In this case, the law gives you time to file a case from the actual date of discovering the mistake.
Locating the right attorney
Unless you engage a specialized medical malpractice lawyer, you cannot sue the healthcare provider. The attorney should be a member of the local bar council with explicit knowledge on the subject. The attorney with similar experiences is the right choice. Also, check for their success ratio to know their potential. Some attorneys charge an hourly basis while others take a percentage of the settlement amount. In the latter case, no fee is charged if the client does not get any claim.