Medical Malpractice – An Overview of the Legal Options Available

Before going into the legal details of medical malpractice cases, first we need to know the definition of medical malpractice.

Medical malpractice is defined as the physical damage or death caused as a result of lack of proper care or use of wrong medical practices during the treatment of a patient. Medical malpractice cases can involve the emotional loss suffered as a result of the medical accident.

Statistics: In the United States alone, about two million cases of medical malpractice are reported annually, but of these cases only around forty thousand are challenged. Out of these, only an estimated twenty thousand cases go to court. It is obvious from these statistics that a large number of medical malpractice cases are being ignored. One possible reason for this, is that without proper knowledge and guidance, many find it difficult to effectively try their case in court.

Important questions related to medical malpractice cases:

• Who can file for medical malpractice cases?

A person who has suffered physical damage during treatment caused by negligence on the part of the doctor can file a medical malpractice case in court. In case of death, a family member, successor or the nominee of the deceased’s property can represent the case.

• What do I do before filing such case?

Before filing a case, you need to document any evidence to prove negligence on the part of the doctor, which may include absence from duty, wrong medication, insufficient or irrelevant treatment, failed surgeries, etc. Additionally, in case of death, it would be important to have documented evidence to prove the cause of the death in court.

• What points should I focus on during the proceedings of the case?

1. The doctor had a legal duty to treat the patient which he or she didn’t exercise properly.
2. The doctor, medical care professional, or the hospital was negligent while treating the patient.
3. Physical damage or death was caused by medical malpractice and not under natural circumstances.

• Who can be held responsible for medical malpractice?

Many people think that only the doctor can be at fault in medical malpractice cases. But other staff such as a nurse, medical care professional, or even the entire hospital can be named in the case, depending on the nature of the malpractice.

• Is there any other option than going to court?

Yes, you can always go for an out-of-court settlement rather than going to court. Most of the medical malpractice cases are settled in this way because a doctor may know that he has made a mistake and he has to pay and second, and would like to avoid any negative publicity.

St. Louis Medical Malpractice Lawyers

If you or a family member have been the victim of medical malpractice  it is important to be aware of your rights. At the Zevan and Davidson Law Firm we have a successful track record of getting results for our clients.

Contact us today for a free private consultation.

photo credit: phalinn