People are injured every single day in the United States, and for many different reasons. From slipping and falling at a restaurant to being injured in a preventable workplace accident, things happen. Another common incident that results in more injuries and deaths than many people realize is medical malpractice. In recent years medical malpractice cases have become increasingly common, and complicated. There are many different medical situations that can take place, resulting in minor injuries to far more serious problems. In some cases, the hospital or medical staff can be held liable for injuries sustained, but in other instances this is not the case. As you can already see, medical malpractice cases are quite tricky and are hardly ever resolved without the expertise of a lawyer.
So, how do you know if you have a medical malpractice case on your hands? In order for a medical malpractice case to be pursued, you must be able to prove that the negative outcome was caused by negligence, distraction, or an outright mistake on the part of the doctor or nurse. This means that negligence is ground for a lawsuit, but there other factors that play into this as well.
Determining Grounds for Medical Malpractice
As we have discussed in previous blog posts, medical malpractice is now the third-leading cause of death in the United States. Researchers estimate a shocking 250,000 people die as the result of preventable medical errors every single year. From nightmare stories of nurses administering deadly drugs meant for one patient to another and surgeons leaving items in the patient’s body or removing the wrong body parts, there are many things that can go awry. While it eases our minds to think of these types of scenarios as exceptions, new information is proving it is becoming more of the norm.
Because many medical malpractice cases involve hospitals and large medical corporations, they are inherently complicated. In order to win a medical malpractice case, you must be able to prove that the treatment you received harmed you and violated the standard of healthcare set in place. This means that, when you file a medical malpractice lawsuit, you are blaming the healthcare provider for negligence. Depending on the circumstances surrounding your case, this can be quite difficult to prove.
As mentioned, there are many, many examples of medical malpractice, almost too many to get into. Here are a few concrete examples of medical malpractice cases that the victim is sure to win:
● When the surgeon leaves an object in the patient’s body
● When the surgeon amputated the wrong body part
● When the doctor worked on the wrong area of the body
● When the doctor performed surgery on the wrong patient
● When the doctor proceeds with a non-emergency procedure without the patient’s consent
● When the doctor fails to inform the patient about a risk (that is 5% or higher) of a specific surgery, treatment, or drug
These are just a few scenarios that will provide grounds for a medical malpractice lawsuit. To learn more about your rights and how to proceed with this type of case in Dallas, please schedule a consultation with a medical malpractice lawyer from Rad Law Firm today.