Determining Fault In An Accident

Details About Medical Malpractice To Help You Decide Whether Or Not To Visit An Attorney

When a person becomes injured due to the medical services that he or she receives, the patient may not know whether or not he or she should pursue a medical malpractice suit. Here are a few details about medical malpractice law to help you decide whether or not you should visit an attorney:

What does medical malpractice involve?

Medical malpractice involves liability that may be assigned to medical professionals who provide inappropriate treatment to patients. If a patient incurs harm due to the services that he or she receives, and the services were performed in a negligent manner, medical malpractice is involved.

Each state has specific regulations and laws that govern personal injuries that are related to medical care. However, any physician can be held liable if he or she conducts himself or herself in a manner that is outside of an acceptable standard of care that would have been extended by other physicians or medical personnel under similar circumstances.

How often does medical malpractice end in a settlement?

About 93 percent of malpractice cases end in a settlement.

How long does it takes to resolve a medical malpractice case?

After a malpractice victim files a lawsuit, it takes about 27.5 months for the case to be resolved through a settlement or by a jury verdict. 

What types of errors are included in medical malpractice?

Not every mistake qualifies as medical malpractice. In order to be considered for patient compensation, a medical error may fall into multiple categories. Here are a few of them:

Surgical Mistakes

If a doctor makes an error during surgery, such as leaving a surgical tool inside the patient's abdominal cavity, it is considered negligence. In addition, erroneous incisions, procedures performed on the wrong patient and anesthesia errors may be considered negligence during surgery.

Errors During Childbirth

Errors made due to poor judgment during childbirth can also be considered medical malpractice. In a New England Journal of Medicine Study involving a random sample of resolved malpractice cases, about one fifth of plaintiffs associated with a medical malpractice case are newborn babies, and physicians who specialized in obstetrics and gynecology were the defendants in about 19 percent of cases.

Diagnostic Issues

If a doctor does not properly diagnose a patient's illness or if he or she does not make an accurate diagnosis in a timely manner, it could be deemed medical malpractice. 

No Consent

The doctor should obtain the patient's consent in writing before performing a medical service for him or her. In addition, the medical professional should inform the patient of the risks involved with the procedure.  

Misreading X-rays 

If a doctor should have been able to properly read an x-ray but read it incorrectly, the patient may not receive the care that he or she should have. 

 Erroneous Prescriptions

The type of medications prescribed for a patient with a specific illness should be in line with what is commonly used to treat the patient's illness. If the doctor uses medication that does not typically apply to the patient's condition, and the patient incurs harm, the doctor may be sued for medical malpractice.

If you believe that you have been injured due to the negligence of a physician or other medical provider, contact a medical malpractice lawyer like one from Cohen & Siegel LLP in your area.