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Health Facts

Do You Have a Case For Medical Malpractice?

Medical malpractice refers to any negligence that a physician, health care professional, or hospital demonstrates during the course of providing treatment to a patient, and, in turn, causes either emotional or physical damage. State licensed individuals and entities-physicians, dentists, nurses, therapists, technicians, pharmacists, hospitals, clinics, etc-are accountable for injury they cause.
The primary legal determination of medical malpractice is negligence. Without negligence, one does not have a case.
Outcomes of carelessly done medical procedures can be or seem to be terrible. A disappointing facelift might lead to psychological distress. A failed organ transplant can not likely be fatal. But, sometimes t the most tragic and painful scenarios do not automatically qualify as medical malpractice.
Neither medicine, in general, nor any medical professional, specifically, is prefect. The profession, in fact, describes itself as a “practice.” Consequently, no patient can be assured of ideal or even desirable results. Therefore, medical malpractice boils down to negligence-neglect or carelessness-in attending to a patient. Bad outcomes can result from proper care.
How, then, is negligence determined?
First, the health care provider or professional is judged in comparison to his or her peers-health caregivers and providers in the same community, field and/or specialty. A heart surgeon’s treatment, for instance, would be evaluated in light of the treatment plan, procedures, and attentiveness that one should anticipate from similarly qualified and trained heart surgeons. Likewise, a hospital, an outpatient clinic, or other medical facility owes its patients a duty of ordinary care.
In other words, a hospital must extend the kind and quality of equipment, facilities, and trained personnel that are reasonably expected and suited to a patient’s condition if those factors are in place and in general use in comparable hospitals for patients who suffer similar conditions. Therefore, while a small county hospital’s emergency room would not be held to meet the certifications of a major trauma center in a large city, the more modest facility would be required to possess and utilize technology and procedures that other hospitals in its class offer.
The second criterion for determining medical negligence is whether or not a causal connection exists between the injury and the health care provider’s alleged negligence. The injured party must demonstrate that a breach (or violation) of the health professional’s standard of care was a proximate cause of any harm to the patient. If, for instance, a patient falls after hip replacement surgery on the way to the restroom because he did not want to call a nurse for assistance, he cannot blame the surgeon if the bone must be reset.
Damages comprise the third component of medical malpractice lawsuits. The injured party should outline any damages that resulted form the alleged mistake. Tangible costs-such as medical bills and lost wages-as well as intangible consequences-such as pain and suffering-are part of the accounting. To validate your claim, make certain that you acquire all of your medical records as quickly as possible to minimize opportunities for changes and falsifications. Additionally, your experiences should be set out in writing and to have a claim you must obtain an opinion by a medical professional setting out the negligence.
How much money can be awarded in damages?
There are no guarantees or simple answers. Avoid any legal representative who makes grandiose promises about how much he or she will get for you from the physician’s insurance company. The severity of your injury and your health in general will strongly impact how much, if any amount, a jury renders in a verdict or the amount you would receive in a settlement. Be aware that in 2005 Georgia enacted laws that limit verdicts in medical malpractice cases and impose other harsh standards that make it more difficult to prosecute these cases. In March 2010 the Georgia Supreme Court rendered two opinions on these laws.…

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Health Gov

Medical Malpractice: Discuss It With Your Attorney

Today, medical malpractice is a major discussion. With the rise of the best medical institutions, future medical practitioners are trained to become competent. They are given the most attention. They learn inside the classroom and outside. They are being exposed to the real medical world. However, we can’t still eliminate the fact that other practitioners work unprofessionally. They simply think of their own benefit. They forget about their duties and responsibilities. In case you are mistreated or ignored in a certain hospital, you can file a case. You have the right to discuss it with your attorney. By keeping your mouth shut, you might offer yourself more harm than good. So, discuss this matter to somebody who knows almost everything. By that, proper action can be done.
When determining if you are really a victim of medical malpractice, be aware not only of your own right but also with the state laws. Include the statues of limitations and amount of rewards. These things might vary depending on the situation. Anyway, what really is medical malpractice or medical negligence? It is when a health care provider or facility goes against the required standards for patient care. Most common examples are prescribing wrong drugs, wrong diagnosis, late patient response, not monitoring the patient’s condition, and more. If health care professionals promise to give exceptional care to their patients, they really have to do that. They shall not bring any personal concern at work. They need to treat the sick and save lives.
Can nurses, doctors and other health care providers be sued due to medical malpractice? The answer is obviously yes. They can be sued. If you have substantial evidences, they might be taken out from work. The lawsuit is fit to those who go against the standard norms. There is no exception as long as you say the truth. They will be given chance to defend themselves. But, if proven guilty, they might suffer the hardest consequence. They can’t anymore practice their profession. Simply discuss it with your attorney. He’ll be giving you tips on what you need to do. Now, if you are unhappy with the result of your surgery, that alone might not be valid. You really have to show proofs that the surgeon shows negligence while performing the operation. That already is valid. But, it’s better if you can have somebody to testify that you are saying the truth.
Why is that you need to discuss matters pertaining to medical malpractice with your lawyer? Generally, you really need to understand the act of negligence. As an ordinary citizen, you might have a wrong understanding of the lawsuit. This is why it is critical that you sit down with a lawyer just to talk. Go to one who specializes in such issue. Bring all your documents. They will be subject for evaluations.
Healthcare providers need to issue copies of medical records to their patients. You need to keep all records so in case of problems, you can show documents. Besides, it won’t be easier for your lawyer to come up with the best decisions without the basis. For the statute of limitations, it varies. Generally, it would fall between one to three years.…