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. Autopsies have shown a rate of between 35 and 40% of missed diagnoses with most resulting in death, according to a RAND Corporation Study.

In addition, a daily average of more than 40 potentially harmful drug errors were found 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 hospital, 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 have done 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; and/or
• 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 occurred. 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. Important questions to ask, include:

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.

The Gervelis Law Firm is experienced in successfully handling medical malpractice cases. If you have questions regarding a potential Ohio or Pennsylvania medical malpractice case, please call the Gervelis Law Firm today.

Act now - It can take months to obtain the appropriate medical records, and to have them reviewed by a medical expert to determine whether a claim exists.

For more information regarding medical malpractice, visit www.webmd.com.