Medical Malpractice: What the Victim Should Know.

2007-03-08 10:33:40

( Legal )



Your case could be medical malpractice if your health care provider did not reasonably fulfill his duty in terms of:
- Knowledge available.
- Geographic position.
- The state of the practice of medicine where you were ill.


Standard of care does not mean optimum care, but what a physician could reasonably expect to do based on the information available. An expert has to testify that the standard of care was negligent.

Why would your case be refused?

- You don’t have an expert’s opinion that your illness was caused by medical malpractice.
- The cost of the trial would be greater than the return.
- A serious long- term injury is more viable than an injury, which is minor and temporary.

Informed Consent.

- Before a doctor does a procedure he must tell you that he is going to, as well as inform you of every possible consequence. The only exceptions are: if you are unconscious, your family members aren’t contactable or you don’t have a living will.

Medical Records.

- You have a legal right to your medical records.

Can you sue for a probable consequence?

- Even though it is upsetting to know that something could have gone seriously wrong, it is difficult to sue if you can’t prove negligence.

A misdiagnosis – malpractice?

- Not always. Medicine is not exact and mistakes are always possible.

Can a medical malpractice case be brought against any caregiver?

- Yes. Any individual or entity can be sued.

Is it possible to know whether a doctor has been sued before?
- The medical licensing board can provide you with this information.

Is malpractice in a nursing home medical malpractice?

- Sometimes – although there are specific bills protecting nursing homes.

What happens if my doctor gives my medical records to my employer?

- You might be able to sue. However if the company pays for your health plan they often have a right to your records.

The cost of hiring a medical malpractice lawyer.

-Most attorneys will accept your case on a contingency fee. – Meaning: you don’t have to pay the attorney unless a favorable settlement is made. However you have to pay for all other expenses.

What does the settlement pay?

- All medical expenses for the treatment.
- Financial damage.
- Pain and suffering.

What is a “normal” settlement?

Each case is different, determined by:

Consequences on:
- Your earning capacity.
- The functioning of your life

The attitude:
- Of the jury.
- In your state toward malpractice.

Subrogation.

- Your insurance company can cover your injuries and recover the money

Contributory Negligence.

- You failed to take the necessary precautions.

Preponderance of Evidence.

- Evidence is more probable than less so.

Statute of Limitations.

- A few or many years – depending on a lot of factors and the state law.

Can you re-open the case?

- Usually not. Generally a release is signed preventing you.


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