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Medical
malpractice is a bigger problem than most people realize. In 1999
the Institute of Medicine report stated that medical errors contribute
to more than 1 million injuries and up to 98,000 deaths annually.
 An
extensive study by the Harvard Medical Practice Study in 1990 showed
that approximately 80,000 people die in the United States each year
due partly to medical malpractice. Autopsy rates have shown between
35 and 40% of missed diagnoses with most resulting in death, according
to a RAND Corporation Study.
In addition, more than 40 potentially harmful drug errors daily were
found on average in hospitals during an 81-day study in 1999, published
in Archives of Internal Medicine. Errors occurred in nearly one of
five doses in a typical, 300-bed hospitals, which translates to about
two errors per patient daily.
These numbers are based on hospitals and do not include deaths from
missed diagnoses or medical negligence that occurred in clinics, private
doctors' offices, or other treatment facilities.
What is Medical Malpractice?
Medical Malpractice is an area of the law that seeks to recover compensation
from those responsible for medical damage or loss resulting from improper
care caused by a health care provider. Medical malpractice can either
be based on something that health care professionals do that is incorrect
or improper, or can be based on their failure to take the appropriate
steps to provide adequate care.
Common medical malpractice mistakes include:
• Failing to recognize complications after a surgery.
• Delays or failures in diagnosing and properly treating a disease
or condition.
• Failure to take appropriate measures to ensure the birth of
a healthy child.
• Surgical errors made during an operation.
• Mishandling of medical devices, instruments, etc.
• Failure to garner informed consent from patients undergoing
an operation.
• Improper care after surgery
Statute of Limitations
You may have a valid claim, but if you wait too long, the claim is
lost even if it is valid. In Ohio, the claim must be filed within
one year after the malpractice. There are exceptions to the limitation;
if the malpractice occurred but was not discovered within the one-year
period or the medical error or breach occurred to a child.
Because of the cost involved in pursuing a medical malpractice claim
only serious injuries or deaths are usually pursued. Medical malpractice
lawsuits are complex and often juries favor the medical provider.
Key Factors to Prove
In order to receive compensation and damages, you must prove that
someone is
legally responsible due to their negligence.
1. What is the accepted standard of care applicable in your case?
2. Was there a breach of this standard of care?
3. Was this breach responsible for the resulting injury including
pain and suffering, scarring, death?
4. What is fair compensation for the particular injuries involved?
Standard of Care
Standard of care is the normal level of care given to all patients
being treated. Simply because a patient experiences a bad result in
their medical outcome does not necessarily mean that malpractice has
been committed.
 Negligence
(Breach of Standard of Care)
Negligence can occur at different stages in the medical experience.
A health care provider may misdiagnose a problem, or fail to treat
the injury or illness properly or administer the wrong medication.
A doctor can also be held liable for failing to adequately inform
a patient about the risks of a procedure or about alternative treatments.
Negligence is established by expert witnesses (licensed physicians)
who specialize in an applicable medical area.
The plaintiff (those who bring the lawsuit to court) must prove that
malpractice caused the injury.
Damages
The amount of damages that a claimant can receive depends on several
factors. The most important of which is how the particular medical
injury affects your wage earning and quality of life. Even if liability
can be established, the defendant (the hospital, etc.) must have the
ability to pay the damages awarded by the court. Most health care
providers are insured. However, if
they are not insured, there is little hope of collecting compensation.
Conclusion
Malpractice cases are very different from other kinds of personal
injury cases. Special rules and laws apply, and special tactics and
strategies are important.
Gervelis is experienced in successfully handling medical malpractice
cases. If you have questions regarding a potential case, please call
the Gervelis Law Firm. It can take months to obtain the appropriate
medical records and have them reviewed by a medical expert to determine
whether a claim exists.
For more information regarding medical malpractice, visit www.webmd.com.
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