We all like to think that every time we visit a medical professional that we’re in good hands. We put a lot of trust into our medical professionals, but the fact of the matter is mistakes are made in the medical field, and they happen a lot more than the doctors want you to know about.

1. The truth about medical
malpractice
WE ALL LIKE TO THINK THAT EVERY TIME WE
VISIT A MEDICAL PROFESSIONAL THAT WE’RE
IN GOOD HANDS. WE PUT A LOT OF TRUST
INTO OUR MEDICAL PROFESSIONALS, BUT THE
FACT OF THE MATTER IS MISTAKES ARE MADE
IN THE MEDICAL FIELD, AND THEY HAPPEN A
LOT MORE THAN THE DOCTORS WANT YOU TO
KNOW ABOUT.

2. Preventable medical errors is the 6th biggest killer in
America according to a study conducted by The
Institute of Medicine. The Institute of
Medicine estimate as many as 98,000 people die every
year at a cost of $29 billion. If the Centers for Disease
Control were to include preventable medical errors as
a category, these conclusions would make it the sixth
leading cause of death in America!

3. The bar is raised in medical malpractice suits
To make matters worst it’s harder to prove medical
malpractice in a court of law. Unlike an auto accident
case the defendant would be liable if he failed to act as
carefully as a reasonable person of “ordinary prudence”
would. When the defendant is a doctor or other health care
professional, however, the standard is raised. The provider
would be liable for failure to act as carefully as any
reasonable professional within that area of
specialty, considering education, training, and licensing
standards. This doesn’t mean that every professional must
make the perfect decision every time. If it did, every patient
could sue every doctor.

4. You must prove damages in order to win your
suit
A doctor just making a medical mistake isn’t enough
for you to win a medical malpractice suit. If you didn’t
suffer harm then the fact is you have no case, however
damages can take many different forms. There is a
term called ”loss of consortium” if your injury prevents
you from enjoying sexual relations with your spouse.
Typically, amounts awarded for psychological damages
such as pain and suffering greatly exceed amounts
awarded for medical expenses. Basically your best
angle to winning your case is to claim damages, not to
prove a medical mistake was in fact made.

5. You have to file a complaint
In order to initiate a medical malpractice suit you must file
a complaint with the state court in order to start a suit
against a healthcare provider. You may need to file several
suits. For example you may file a lawsuit against the
surgeon, the hospital, and any other applicable parties.
What will happen is the state will send an official to
personally serve the lawsuit to the defendants. Most cases
get settled out of court with the defendants insurance
company. The insurance company will have you sign a
paperwork stating that you won’t sue the defendant for the
same claim. You should never sign a settlement from an
insurance company before first consulting with a qualified
attorney.