Every year an untold number of American citizens die due to medical malpractice. The number is so high that it is ranked third on the list of deaths due to health problems, right after heart problems and Cancer. So, the chance that you know a person who has been a victim of medical malpractice is very high. For people in Philadelphia and other big cities, the site injury.findlaw.com/medical-malpractice/first-steps-in-a-medical-malpractice-case.html is an excellent place to get succinct information on medical negligence cases. This article provides a more detailed background on the medical malpractice.
The first thing to keep in mind is that just because the result was terrible, it does not automatically make a malpractice case. With every treatment, there is an inherent risk involved. Not all medical cures are risk-free or without side effect. Malpractice is considered only when the doctor or hospital fails to provide the proper care needed. To prove that there was negligence in care a statement from another doctor is essential. The best-case scenario would be seeking the opinion of another professional immediately after the malpractice occurs.
This will help establish a baseline for the judge, jury, and lawyers to compare. There are a few cases where a statement may not be needed. These are generally those incidences when the negligence is apparent to the naked eye, for example leaving a medical instrument inside the body of the patient or removal of the wrong organ or amputating wrong body part. Another aspect that helps malpractice cases is documentation. Keeping a proper paper trail will help build a watertight case.
The original medical records of the doctor alleged of malpractice are essential. But notes kept by the victim on symptoms or photographs of the injury also help a lot. Gaining a copy of all the diagnoses the doctor, physician or surgeon made will make the injury case, even more, foolproof. At this juncture, it is important to note that medical malpractice includes a variety of injuries. It is not limited to removal of wrong body parts. An error made during surgery is one of the most common malpractice issues, but diagnostic mistakes, childbirth injuries and improper anesthesia administration can also come under negligence.
Just stating that a patient did not get the proper standard care is not enough to win a medical malpractice case. One has to prove that the victim suffered due to the said negligence. The victim can show that he endured physical, emotional or financial problems due malpractice. A combination of either of these damages can also be stated. For example, the victim can show that he was unable to work and hence was not capable of paying the medical bills because of the doctor’s subpar care.
The most critical factor in medical malpractice cases is that like any other crime; there is set a period within which it can be brought to charge. Once the stature of limitations has crossed, there can be no recourse. This means, for victims of medical negligence it is better to contact a lawyer as early as possible.