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What is Medical Malpractice?


From time to time, you might hear about medical malpractice cases. Many people only ever hear of this kind of case in the news. However, it’s not always clear what medical malpractice is. This article aims to help you understand what it is and when action should be taken.

Medical malpractice occurs when a provider of healthcare does not give a patient the requited standard of care. The standard of care that is often referred is what patients can reasonably expect to receive. It can also refer to what should have been done under similar or the same conditions. When the standard of care is not met a medical malpractice lawyer, for example, can decide whether the care provider was negligent.

Law 419057 640Determining Whether Someone Was Negligent

A care provider will be found negligent is damages or injuries were caused to their patient. You should be aware, however, that just because a patient had a bad outcome, it is not always proof that they are a victim of medical malpractice.

Motivating Factors for Medical Malpractice Claims

Some care providers will tell their patients that their previous healthcare provider was negligent. This can happen in an attempt to compete with the other healthcare provider. In reality, the patient might not be a victim at all.

A second motivating factor could involve the healthcare provider offering the patient an apology. Apologizing to the patient could reduce or even prevent the likelihood that they will make a medical malpractice claim.

Medical Malpractice Claims and Insurance Companies

Many insurance companies like to settle with the patient rather than waiting until they hire a lawyer. The issue with this is that the patient in question is likely to receive a lower settlement. If they were to hire a lawyer to help there’s always the chance their settlement will be higher. This is not what an insurance company wants.

Medical Malpractice Cases & Their Success

Cases such as these can be successful, however, they can take a lot of time and become quite stressful. Approximately 15% of cases end up in court which shows that they can be tricky. However, if you have evidence to show that you are the victim of malpractice, your case is more likely to be successful.

What to do if you are a Victim of Medical Malpractice

If you think you have a case you should contact a medical malpractice lawyer as soon as possible. This is so they can start the ball rolling on your case. Your lawyer will need to take a look at your medical records and interview you. This is so they can determine whether it’s worth their while pursuing your case.

Please note, you will have to abide by your state’s statute of limitations. This is a deadline by which your case should be filed. If it is not filed by the deadline you will not be able to make a claim. Every state has a different statute of limitations that starts on the day you became a victim. Make sure you know what the deadline is so you don’t miss out.