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By David Berry [ 08/11/2009 ] Publishing Free Articles Zone articles is subject to our Publisher's Terms Of Service |
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Exposure to medical malpractice can be a scary, and dangerous, experience. Victims of malpractice can seek compensation through lawsuits. There are things you need to know about medical malpractice in order to file a claim. Below are some of the most frequently asked questions about these sorts of cases.
WHAT IS MEDICAL MALPRACTICE?
Medical malpractice is the failure of any medical professional to act reasonably or rationally when dealing with a patient. It can involve mistakes and errors made by hospitals, doctors, or other members of the medical profession. Some examples of medical malpractice are faulty diagnoses, failure to perform a procedure that would prevent causing harm to a patient, giving inappropriate prescription medications, physical or mental abuse of the patient, and much more.
IS MEDICAL MALPRACTICE COMMON?
Unfortunately, medical malpractice is a common problem in the United States. Each year, thousands of Americans are injured due to malpractice by a medical official. Worse yet, according to Harvard studies, nearly ninety-eight thousand patients of United States hospitals, doctors’ offices, and nursing homes die each year as a result of medical malpractice.
AM I ELIGIBLE TO FILE A LAWSUIT?
Although medical malpractice is a huge problem in the United States, it is predicted that only about two percent of victims seek compensation for their injuries through a lawsuit. The truth is that anyone who has been harmed or suffered injury in any way due to malpractice at the hands of medical professionals has the right to file a medical malpractice lawsuit. In the incidence that a child under the age of 18 suffers an injury at the hands of a medical professional, the family of that child has the right to seek compensation through a lawsuit. Similarly, in the event that a patient suffers injury and dies due to malpractice of any kind by a medical professional, that person’s family or beneficiaries are eligible to file a claim against the practitioner who caused the injury.
WHAT HAS TO BE PROVEN IN A MEDICAL MALPRACTICE CASE?
There are three basic things you must prove in a medical malpractice lawsuit. First, the patient who was injured, or the family of the patient, must prove that malpractice took place. Usually this requires testimony by one or more medical experts, proving that the patient’s condition would have been different had the actions of the offending medical professional been different. After this is proven, then it must be proven that the injury of the patient was caused by the negligence of the medical professional. Lastly, the results of the malpractice must be shown or documented in the patient.
WHAT SHOULD I DO IF I FEEL I HAVE A CASE?
If you think you have a case for a medical malpractice lawsuit, your first step must be to talk to a lawyer. The best person to go to is a qualified medical malpractice attorney. A lawyer can speak with you in regards to your case and advise you as to the best course of action and in determining your eligibility for compensation for you or your loved one’s pain and suffering.
About the author:
Our medical malpractice attorneys in Rhode Island can help in cases regarding medical malpractice Providence, employment law Rhode Island, and other areas.
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