When it comes to medical malpractice, you should know what types of medical malpractice cases are being pursued in the United States and what factors are contributing to these cases. Staying informed can make it easier for you to ensure that the level of care you receive is up to medical standards and that you are able to pursue compensation if you are a victim of malpractice.
How Is a Medical Malpractice Claim Litigated?
Medical malpractice claims can be difficult because they fall under a negligence theory regarding the proper standard of care in the totality of the circumstances. Most medical providers are excellent caregivers. However, the quality of care issue usually comes down to time management and the ability of the doctor to devote sufficient diagnostic time for patients that have taken complex tests, like radiology labs.
Although it may be difficult to prove "bad faith" in a medical malpractice claim where the errors may involve speed-reading test results, if there is any permanent injury or death, the doctor should be found liable.
This is because a doctor is expected to hire assistants or to limit their caseloads to ensure an ideal balance of quality care and volume. It is not fair to the families of those who are the victims of preventable medical mistakes to face the untimely loss of a loved one whom they thought was in expert hands and receiving proper care.
What Are the Most Common Reasons Behind Medical Malpractice?
Relevant statistics demonstrate that the leading cause of medical malpractice is diagnostic errors (33 percent of all cases). This is followed by 24 percent for errors during surgery such as leaving a sponge in a patient or not following the proper textbook procedure. And finally, medical management claims tolled in at 14percent when a practitioner failed to manage his client's affairs accordingly.
These statistics are alarming because almost a third of the patients die as a result of the failure to properly diagnose patients. The failure to diagnose is a theme that is steadily rising in malpractice claims while other types of claims diminish.
The reasons for the improper diagnostics are chiefly related to a failure to obtain the patient's family history or to properly interpret lab work. The suggested solution is for doctors to work in teams to ensure that a thorough and comprehensive number of checks and balances are carried out to minimize the chances of negligence.
What Should You Do If You Are a Victim of Medical Malpractice?
If you believe you or a loved one was or is a victim of medical malpractice, immediately seek the services of a qualified personal injury attorney or medical malpractice attorney who specializes in these types of cases. The Moore Law Firm is a Cincinnati, Ohio-based law firm where many clients have found the medical malpractice attorney they were seeking.
When the attorneys at a law firm have experience on hundreds of cases like yours over a period of several decades, you can expect that they will be regarded as seasoned professionals on the subject and more influential in judicial decisions.
Contact our firm at (513) 494-6941 for compassionate and seasoned counsel in your corner.