- Medical malpractice covers the wide scope of issues from maltreatment to lack of treatment, or neglect. Because the scope is so wide, there are numerous types of medical malpractice claims made, and each case is very carefully determined by medical experts to determine if malpractice was indeed an issue in a situation. Medical malpractice is very difficult to prove, as there are many laws covering doctors and their practices, and often the court rules in the favor, that the doctor was acting in a way in which they felt was most appropriate at the time.
- According to the Bureau of Justice Statistics, 90 percent of the medical malpractice cases dealt with wrongful death or permanent injury in 2001, and numbers remain fairly consistent throughout the years. Surgeons being sued for medical malpractice made up nearly half of the total claims, and around one third of the claims were against nonsurgeons. This is likely due to the fact that surgeons engage in riskier medical behaviors, as is evidenced by their scope of practice in relation to nonsurgeons, who engage in less invasive procedures.
- There are a wide variety of complaints that fall under the medical malpractice laws and lawsuits, but according to the Physician Insurers Association of America, there are four most common accusations. In order, these are failure to diagnose, incorrectly performed procedure, error in diagnosis, and failure to perform procedure. Diagnosis issues tend to be the most common because medical diagnosis can be tricky. Not every patient will have the same symptoms, and often times information can be given incorrectly, other symptoms may not show up, or in some cases, the doctor has failed to review all symptoms associated with a particular case or diagnosis.
- While a handful of doctors are charged with medical malpractice cases, and even more accusations are brought against them each year, most behaviors are protected by certain medical laws. It is expected that physicians will make small mistakes during their time in practice, especially during surgery. While medical procedures are standardized with routines, there are medical anomalies that could occur with each case. In most places, doctors are required to carry medical malpractice insurance, which gives them coverage in case of an accident or other slip that results in wrongful death or severe or permanent injury.
- If you believe you are or have been a victim of medical malpractice, you may be eligible for pursuing a lawsuit. Medical malpractice lawsuits can be difficult to pursue and even more difficult to settle. It often takes a talented and dedicated team of attorneys to prove a medical malpractice case. However, if the act of malpractice is bold enough or the attorney is able to gather enough information to prove that the doctor was engaging in medical malpractice, a lawsuit can be pursued and the victim can be compensated. Your first steps to pursuing a lawsuit, if you feel that you are a victim of medical malpractice, is to gather your medical records from the doctor or clinic, gather the details of your case, and contact a medical malpractice attorney in your area. From there, the law firm will notify you on its opinion as to how valuable your case is likely to be, and whether it is able to help you.