According to Johns Hopkins Medicine, the third leading cause of death in the United States is medical errors. Every year thousands of people die due to medical malpractice yet doctors rarely admit to making mistakes. Additionally, other doctors who can clearly substantiate that their fellow doctors made mistakes in their practice are reluctant to come clean because they fear violating the “cooperation clause”. The cooperation clause is a paragraph in the insurance contract that requires the policyholder to cooperate with the insurer to assist in investigations should a claim arise.
Many insurance companies do not allow doctors to admit fault. This is in an effort to ensure that the doctor cooperates with the insurer so as to prevent sabotaging their effort to defend against the claim.
Bottom line is that doctors make mistakes and they can be fatal. If you or a loved one are a victim of medical malpractice, you have the right to fair compensation. The best medical malpractice lawyer in Hyannis can help you with your medical malpractice claim.
What are the Most Common Types of Medical Malpractice Injuries?
According to new Medscape reports specialized physicians are more likely to get sued than those in primary care. Approximately 6 out of 10 physicians have been sued at some point in their career. 85% of general surgeons have been sued while 62% of anesthesiologists have also been served with medical malpractice lawsuits.
The most common reasons for filing a medical malpractice lawsuit include:
- Medication errors
- Anesthesia errors
- Childbirth and pregnancy injuries to the baby and the mother
- Failure to diagnose a medical condition
- Delayed diagnosis of a medical condition
- Complications from surgery or treatment
Consequences of medical malpractice include:
- Loss of limbs or organs
- Brain damage
- Permanent disability
- An extended period of recovery
- Wrongful death
How to Determine Medical Malpractice
Medical malpractice occurs when a health care professional declines to provide or omits appropriate treatment, gives substandard treatment, or fails to take appropriate action resulting in the death, injury or harm to a patient.
Medical professionals are required to provide medical standard of care; which is defined as the degree of skill and care that an average health care provider is expected to provide given their specialty and the situation.
With that being said, different medical professionals have differing opinions about how certain medical situations should be handled. Therefore, every medical malpractice case must be handled according to the circumstances under which it happened. For example, a malpractice case against a gynecologist delivering babies in a remote region where they don’t have access to sophisticated tools like an MRI cannot be treated the same as that of a gynecologist with access to all the sophisticated tools.
Like everyone else, physicians also make mistakes but keep in mind that those mistakes don’t always mean that they committed malpractice. If they catch the mistake in time and correct it before any harm occurs, then you wouldn’t get far if you filed for a medical malpractice lawsuit. However, you should consider hiring a medical malpractice lawyer if a doctor’s mistakes result in serious injury to you.
How Can You Prove Your Doctor was Negligent?
Your Hyannis medical malpractice lawyer will have to prove four elements in your case in order to prove that your doctor was negligent. The elements include:
- Duty of care. Your health care provider was obligated to avoid causing harm to you or your loved one.
- Negligence. This is when a doctor doesn’t treat you or does something that a regular doctor wouldn’t do under similar circumstances. For instance, a doctor prescribing antibiotics to a pregnant woman without taking into account how they might affect the pregnancy.
- Liability. If the health provider harmed you then they should be held responsible for their actions or inactions.
- Damages. This includes the loss you incurred as a result of your injuries.
If you are a victim of medical malpractice but there were no damages, filing a lawsuit would work against your favor. Your damages must be verifiable and measurable.
How Much is Your Medical Malpractice Case Worth?
Are you a victim of medical malpractice? Our medical malpractice lawyers in Hyannis, MA, can evaluate your case free of charge. Call us today at 508-775-1660 to schedule your free initial consultation.