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Doctor Mistakes |
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A medical malpractice lawsuit simply means that a person believes it was a medical practitioner's fault for their injury. Their injury may or may not have occurred at a medical facility and may have taken some time to manifest itself.
Medical malpractice is not limited to deaths due to medical error, such as botched surgeries or bad working conditions. In fact, most medical mistakes occur when a doctor or some health practitioner absentmindedly prescribes the wrong medicine, does not check into a patient's medical background thoroughly, or fails to notice an obvious medical problem that could eventually turn deadly or seriously injurious.
Doctor mistakes can occur any time a physician fails to follow proper protocol; to act with care, skill and prudence; and or to protect patients from additional harm. If you or a loved one has suffered illness or injury as a result of doctor mistakes, you may wish to learn more about your legal rights and options.
Some medical malpractice problems are experienced when trying to decide if you have a medical malpractice case. The first step in pursuing a medical malpractice case is suspecting that one may have been the victim of medical malpractice. While not every bad result is due to medical malpractice, if you feel that something is wrong as the result of a medical treatment, you should consult a qualified attorney to review the matter.
Sometimes a medical malpractice problem won't manifest for a while after a medical procedure, making it difficult to prove it was actually medical malpractice. However, attorneys often will consult with medical professionals to see if your injury is the cause of medical malpractice problems. This process often involves the obtaining and review of medical records and other pertinent information. If it is determined that one has a good case, the next step is usually to give written notice of the claim to the healthcare providers that are believed to have created the medical malpractice problem.
One of the medical malpractice problems is determining the merits of your case, which usually involves a two-pronged process. A medical review must be conducted to evaluate whether or not the medical professional in question acted, erred, or failed to act in such a manner so as to fail to meet the appropriate standard of care under the circumstances resulting in medical malpractice problems.
If a medical malpractice problem is determined from a medical perspective, a further review of the case must be made by an attorney in order to determine the viability of the claim from a legal perspective. During this review of a medical malpractice problem the attorney will often consider factors such as the statute of limitations, the potential recovery, the ability to collect upon a judgment if obtained, and so on. Many factors and considerations go into such an analysis.
Given the complexity of the medical and legal issues, one who suspects that they may have been the victim of medical malpractice should consult a qualified attorney who can, along with the assistance of medical professionals, analyze the merits of one's claim.
The requirement that medical malpractice attorneys present expert testimony expressing an opinion on the standard of care within a particular medical field and on the defendant's breach of that standard of care provides one of the most formidable obstacles to plaintiffs in pursuing malpractice claims.
Within the medical profession there is what has been termed a "code of silence" among medical professionals on providing testimony in malpractice claims. This forces medical malpractice attorneys to seek experts from other communities, often far away from the location of the trial. The limited number of doctors willing to testify, even from distant locations, results in high per-hour expert witness fees, often between $600 and $850 per hour or more.
The medical malpractice lawyers for the defendant doctor, on the other hand, usually have an unlimited pool of expert witnesses from the defendant's own colleagues in the community, making it easy to provide a defense, even when the malpractice is relatively clear. Insurance companies, bolstered by a medical profession that appears to believe it should be immune from civil suits, while at the same time refusing to adequately police itself, are often willing to go the distance in denying fair compensation to victims of their medical mistakes.
Settlements, if they occur, rarely occur before the trial is imminent. The effect of this is that the expense of expert witnesses and the cost of discovery in medical malpractice claims often results in expenses in excess of $35,000 to the plaintiff. In this arena, it is easy to see why only the most egregious instances of malpractice, causing only the most serious injuries, result in viable malpractice litigation. The myth perpetrated by the insurance industry to the effect that the courts are filled with frivolous and petty medical malpractice claims is one of the most fraudulent and malicious propaganda campaigns ever unloaded upon the public. It is simply not economically feasible for any medical malpractice attorney to prosecute any but the most meritorious malpractice claims with the most seriously victimized plaintiffs.
Medical malpractice lawsuits are settled out of court ninety six percent of the time. Medical malpractice lawsuits that enter the court system can be complex and costly. Out-of-court settlements can often result in fair compensation awards for victims in medical malpractice lawsuits. Most healthcare providers have malpractice insurance that protects them from financial ruin in medical malpractice lawsuits.
Insurance companies are often involved in the settlement proceedings. Some states have arbitration panels designed to resolve disputes between negligent doctors and their patients. This can result in decreased litigation time and cost, while still providing victims with an effective means to receive fair compensation.
It is likely that no other type of civil litigation has done more to improve the life style of American citizens than medical malpractice lawsuits. Healthcare in the United States is among the best in the world, and while doctors will rarely admit it this is, in large part, due to the scrutiny placed upon the medical field by medical malpractice lawyers pursuing medical malpractice legal claims.
If you or a loved one believe you may have been injured by your healthcare system, contact us today. We will arrange a meeting with attorneys and medical experts who have the experience and medical expertise in handling medical malpractice suits and we can assist you by quickly determining if you should pursue your case.
While attorney Michael A. Mastracci does not personally litigate medical negligence (math and science never being of interest) the office has personal and professional relationships with medical malpractice attorneys and law firms, qualified experts, healthcare practitioners, members of The Health Arbitration Claims Board, The Maryland Physicians Board and numerous respected Medical Malpractice Arbitrators and Mediators.
If you have been injured or suffered a loss and suspect medical negligence, we will put you in contact with the people that can best help you. People come to our office because they trust us and because they know we can help, even when we do not take the lead role in personally handling their cases. If we work with an attorney that we assist you in selecting, you are not charged any additional attorneys fees for our help and involvement no matter how involved we become in your case. We are here for you.
For a free medical malpractice consultation, contact attorney Michael A.
Mastracci 410 869-3400
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