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Just 2 Percent of Medical Malpractice "Victims" Take Action

 

According to Bestsyndication.com, medical malpractice kills 80,000 people a year. However, only 2 percent of malpractice victims, either families of the deceased or the injured, seek compensation. Reason might be the general public doesn’t seek legal counsel to learn when medical malpractice has occurred.

Because a surgery doesn’t correct a physical problem doesn’t warrant a medical malpractice case. Practicing medicine comes with probabilities, not certainties. In many cases, a surgeon will follow procedures but a patient may not respond.

Medical malpractice, according to bestsyndication.com, is “treatment by any type of health care professional which does not meet the standard level of care and results in harm to the patient. Failing to take a necessary action or taking an inappropriate action are both malpractice, when they cause harm,” according to the site’s definition.

The website says the following must exist in order to have a medical malpractice case:

• There must have been a professional relationship between an individual and the health care provider – this establishes responsibility. Simply calling a doctor’s office to ask a question does not establish a doctor/patient relationship.

• The health care provider must have acted “beneath the standard level of care” that any health care provider would have used in the identical situation.

• “Substandard care” must have caused the patient harm.

 

Medical malpractice doesn’t just apply to surgeons. And even cosmetic surgeries gone awry can be potential cases of medical malpractice. The lawsuit applies to all fields. No health care provider is excused from meeting that “standard level of care.”

 

Besides surgeons or physicians, hospitals, clinics and rehabilitation centers can be held liable for malpractice of medical treatment of a patient. Tainted or errant prescriptions also can hold the pharmacy or pharmacist liable. If not medical malpractice, such a case could come under “product liability.”

 

 

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