Liability in Medical Malpractice

Incidents of medical malpractice are far more widespread than even most patients care to realize. In fact, a comprehensive study by medical professionals in 1998 noted that 98,000 patients die each year from preventable medical errors, and a follow-up study done in 2006 concurred with the earlier results and furthered the spectrum of harm done by medical malpractice by noting that over 1.5 million patients each year are detrimentally affected by medical malpractice. Unfortunately, a large number of these patients fail to exercise their rights as a patient for any medical malpractice liability by a healthcare professional. In fact, the National Practitioner Data Bank noted there around 19,000 medical malpractice liability payments to victims made by healthcare professionals each year. These numbers do not even include the thousands more cases of medical malpractice liability settled outside of courts, under gag order, or between two private parties either. A medical malpractice liability lawyer will work alongside victims to recover and retain the compensation they deserve to rectify the damages done by negligent healthcare professionals.

In tort and civil law, healthcare professionals expose themselves to liability each and every time they treat a patient. Every time a patient enters of the care of a medical professional, patients and their doctors are entering into legally binding agreement that states a doctor will render the patients medical services within a reasonable standard of care. Once engaging in medical treatment, supervision, or care, a healthcare professional is liable for any events that transpire from a failure to provide healthcare within these guidelines of a reasonable standard of care. Though medical malpractice liability is generally assigned to doctors and surgeons, any healthcare professional or entity can be held liable for detrimental events during or following the care of a patient.

Entities and individuals that potentially can be responsible for medical malpractice liability include:

  • Physicians and physicians assistants
  • Nurses
  • Medical interns
  • Dentists and dental assistants
  • Optometrists and ophthalmologists
  • Surgeons
  • Medical specialists
  • Chiropractors
  • Hospitals, clinics, or doctor's offices
  • Healthcare firms
  • Healthcare companies
  • Healthcare professional insurers

In an event where a patient undergoes a procedure, examination, or any kind of medical treatment under a healthcare provider and their staff that results in detrimental health consequences to the patient, a medical malpractice liability is created. Victims of these liabilities must work with a medical malpractice liability lawyer to recover damages that are rightfully owed to them according to law. Additionally, a medical malpractice liability is not considered resolved until payment of liability damages occurs, although there is a statute of limitations in regards to filing a medical malpractice claims. Victims, or their loved ones, must act swiftly to ensure the efficient and applicable recovery of damages.

When a medical malpractice liability claim is established and filed with the appropriate federal or state civil courts, victims' claims will face scrutiny not only from the defendant healthcare providers, but also, judges will allow or disallow the continuation of a claim based on information presented during the initial parts of a medical malpractice litigation case. By having a competent and experienced medical malpractice liability attorney as counsel, victims will ensure that their claims are not dismissed by the civil courts and ignored by healthcare professionals. Additionally, strong claims with supporting evidence will be an integral part in negotiating with defendants and achieving a settlement agreement outside of court if possible.

During the course of any medical malpractice liability tort, a number of expert witnesses will be needed as evidence during any trial or litigation period. Not only are expert witnesses necessary to achieve the definition of a reasonable standard of care in regards to a victim's specific medical treatment, but also, these expert witnesses will delineate the level and potential recklessness or gross negligence healthcare professionals displayed during any medical event in question. When finding gross, malicious, or reckless negligence, courts or juries can assess punitive damages alongside compensatory damages for victims and their loved ones.

Have you or your loved one been the victim of medical malpractice? Contact a medical malpractice attorney to receive the compensation you deserve for the outstanding medical malpractice liability from any negligent medical treatment you or your loved one's endured.

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