Medical malpractice is defined as an action or oversight by a medical care provider which falls below standards of medical practice and in doing so, causes death, injury, additional harm to the patient. Standards for medical malpractice vary by state. Hundreds of thousands of individuals die annually due to medical mistakes.
Certain attorneys specialize in tort law. Medical malpractice suits can fall into this classification of law. When an individual is considering filing a medical suit, they must hire an attorney who specializes in this sort of law, to be best represented. Plaintiff attorneys help the person who has suffered in a medical case or where it is claimed that a medical error or neglect has caused harm, illness, or injury to the individual making the claim.
These types of lawsuits must be filed within a period, or “statute of limitations” applies. In other words, you waited too long to file. Medical malpractice claims aren’t always valid. Your attorney has to verify and substantiate that no other reasonable medical expert would have done what happened to you. Called establishing liability, you must prove that the care provider’s negligence led to injury, illness, or harm.
One area that attorneys find growing in the area of medical malpractice suits is failure to advise patients of abnormal test results. The Archives of Medical Management showed that in a case study to over 5000 patients, doctors failed to inform patients of abnormal tests 7% of the time. Some of these instances resulted in patients unknowingly being in danger of dying or having worsening diseases. Some of the case studies showed that had a patient been made aware of test results, their health could have improved by taking necessary actions.
A lost test result could kill someone. A startling statement, but true in fact. This statement of fact also puts the onus on patients to dismiss the old notion of “no news is good news”. When having medical procedures done or in the midst of health concerns, patients must follow-up. Attorneys will look for such actions and documentation of calls and follow-up, should a malpractice suit be filed down line.
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