Medical malpractice laws govern physician liability when a patient is harmed by a doctor’s negligent actions. Every state has different procedures and laws to handle these personal injury suits, but doctors are generally held liable if their conduct does not meet the minimum standard provided by similar physicians.
Categories of Medical Malpractice
Errors qualifying as malpractice fall into one of a few categories. Delayed or failed diagnoses, misread x-rays, erroneous prescriptions, and childbirth or surgery mistakes can all bring about a malpractice case. When a doctor acts carelessly, the results can be life-changing for a patient, and damages are typically high in medical malpractice cases. Damages can include pain and suffering, medical bills, lost wages, emotional distress, decreased earning potential and compensation for disfigurement, impairment and death.
Help from Expert Witnesses
An expert witness can play a key role in a malpractice suit. Many case-specific issues, such as whether a procedure was done correctly, are too intricate for juries and judges to understand without help. Other physicians must be hired to study the case’s fact, offer an opinion and outline their findings. For an injured patient, the expense involved can greatly increase the cost of litigation.
Tort Reform
Many officials and public policy watchdogs are opposed to large awards in malpractice suits. The opposition is called tort reform, and its goal is to make it harder for injured patients to sue while limiting damage amounts. Those who favor tort reform believe that it will reduce healthcare costs, but the issue remains a source of controversy.
Compensation for Suffering and Pain
The first thing an injured patient should do is hire an attorney. Unlike some areas of legal practice, it’s not possible for a patient to represent themselves. Enormous litigation expertise and financial resources are required, meaning that many attorneys are reluctant to even accept a medical malpractice case. A plaintiff should hire a lawyer who offers a FREE initial consultation for medical malpractice cases to achieve a fair result.
Patients trust physicians to act prudently and carefully, but when a preventable error occurs, a patient and his or her family often encounter insurers who are reluctant to offer fair compensation. If a person suspects that medical malpractice has taken place, the best way to protect legal rights is to call us at 888.644.5545 for a FREE initial consultation for medical malpractice cases.
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