Medical Malpractice
Medical malpractice involves receiving inadequate health care or experiencing an error in procedures that had an adverse effect on yourself or another member of your family. The fact to determine medical malpractice is determining if the care or the procedures are different than what the patient would have received under the care of someone else for the same ailment. While the doctor is not help liable for the original illness, they can be held responsible for any adverse effects that occur from their negligence including death.
Some of the common areas that a practitioner can be held liable for include failing to administer medical care when it was needed, and errors during surgery. People have been found with medical instruments still inside them after a surgery. Using the wrong anesthesia or medication can be considered medical malpractice. Administering a drug that the patient has a known allergic reaction to is a big problem in this area. Following the medical history is very important.
The damages in a medical malpractice lawsuit can be physical, emotional, or both. The monetary amount awarded with depend on the extreme that these damages can be proven according to expert testimony. The damages can include costs for pain and suffering. They often include monies for lost wages, ongoing medical expenses, and the estimated cost of care for the remainder of their life. Emotional damages include the loss of enjoyable activities in their life due to the negligent act.
Some medical professionals feel the areas of medical malpractice is too lenient and frivolous lawsuits are damaging to their careers. Both independent practitioners and large hospitals are continually alleging the cost of medical malpractice insurance is too expensive for them to maintain it. The result is charging the patients more for the care or cutting back on the staff hired to care for patients.
They also feel the monetary amounts awarded, some in the millions, simply encourage patients to file more medical malpractice lawsuits then they do really helping those who have been wronged. Some states have issued a cap for the maximum amount that can be paid out for a particular medical error or negligent act.
However, negligent medical care has resulted in thousands of deaths over the years. It is the hope of the medical field that practitioners will be more aware of their choices with patients and that more training will be offered to help prevent such errors from taking place.
