7 Advantages That Malpractice Attorneys Give You
1.Statistics
Over 400,000 people die from clinical errors every year in the United States. This is the equivalent of a major city being destroyed through doctor and hospital mistakes every year. The Journal for the AMA ranks malpractice as the third leading cause of American deaths behind heart disease and cancer. The most common category of malpractice is diagnostic errors followed by surgical mistakes. Even though these numbers are staggering, malpractice litigation represents less than two percent of all lawsuits brought before American courts. Although health care executives often point to courtroom verdicts as a driver of rising health care costs, litigation statistics related to malpractice claims show they represent just one-half of one percent of health care costs. Tort reform advocates lament waves of “frivolous lawsuits” but a Harvard University study published in the New England Journal of Medicine ascertained that 97% of all malpractice claims have merit. (The high number is because lawyers must very carefully screen this category of cases or risk financial ruin.) The same study noted statistics indicating a much higher likelihood of meritorious cases going uncompensated than for those without merit to result in a monetary settlement paid by insurers. If you need legal assistance you can also find additional legal aid here and you can search for a lawyer here.
2.Malpractice vs. Negligence
Malpractice and negligence are terms of art that have similar but different meanings. Not all negligence rises to the level of malpractice and not all malpractice constitutes negligence. In order to win a malpractice case, it must be shown that the clinical professional in question deviated from the standard of care for one in his position, and that the deviation caused injury. The standard of care is defined as what a reasonable professional in that position would do in the same situation. If the standard allows for some negligent act the case can fail. Surgeons have prevailed after leaving surgical instruments inside patients based on this reasoning. While most clinical negligence is malpractice, some is not. Malpractice can also be the proper act performed with insufficient skill, or an intentional act of wrongdoing.
3.Types of Medical Malpractice
Malpractice can consist of errors of omission and errors of commission. For example, missing a diagnosis because a particular test was not ordered would be an error of omission. Missing the same diagnosis by misinterpreting an ordered test would be an error of commission. Whenever a clinician deviates from the applicable standard of care, which is determined by standards practiced by peers in the same practice, it is malpractice. In order to prevail in court, it must be shown that both malpractice occurred and the malpractice caused injury to the victim.
4.Malpractice Claims
In order to bring a malpractice claim, the injured person, or surviving relatives must timely get in contact with a malpractice attorney. The attorney works with qualified clinical professionals to determine whether it in likely to hold up in court. This process relies on records typically created and maintained by the potential defendant in a malpractice case and in reviewing the documents one must constantly be on the lookout for altered, deleted or revised accountings of the event in question. All of this must be done efficiently and quickly to maintain compliance with filing deadlines.
5.Time Limits
Every jurisdiction has a strict set of deadlines for the bringing of a malpractice claim that may not be the same as bringing other types of cases in that jurisdiction. If a facility is maintained or operated by a governmental entity, it may have a unique set of deadlines not applicable to private enterprises. Malpractice attorneys must maintain familiarity with the law and its time limit for bringing cases in every jurisdiction in which they practice. There are often requirements for filing certain documentation prior to or conjunction with the filing of a lawsuit and lawyers must maintain a vigilant lookout over the deadlines associated with each case and jurisdiction. Anyone harmed by a clinical error should act quickly to allow for record acquisition and review, which can take months.
6.Outcomes
As mentioned earlier, less than 1% of malpractice victims receive a courtroom verdict, but for those who bring their case to the attention of a qualified malpractice lawyer, the odds are much higher. In 2014 nearly $3.9 billion was paid to victims of malpractice. Although tort reform has reduced the volume of cases, the average amount of each award has risen to over $250,000. This does not mean the outcome of every case is a winner, but malpractice victims with winning cases can expect reasonable outcomes.
7.Settlements
Malpractice insurers are notorious for refusing to settle cases that should be settled. Injured victims are typically required to hire an attorney, prepare the case and be ready for trial before settlements are offered. This is particularly true if the attorney has a poor or nonexistent record of success. For this reason, it is imperative to hire a strong advocate for a malpractice case.