When people enter the hospital for any type of treatment or medical care, they expect to be diagnosed and treated properly by trained medical professionals. Unfortunately, medical errors are the fifth-leading cause of death in the United States, responsible for up to 98,000 deaths annually. A 2001 study published in the Journal of the American Medical Association estimated that more than 22 percent of active-care patient deaths were possibly preventable. While these are alarming statistics, there are countless other non-fatal medical mistakes that can lead to costly, inconvenient and even tragic situations, such as:
· Catastrophic injury
· Disability
· Extended hospital stays
· Longer recovery times
When a doctor or other staff members of a hospital or medical facility neglects to provide proper care for a patient or neglects to demonstrate an appropriate level of medical skill for that patient, that medical professional is committing medical malpractice . When the medical facility does not take precautions to ensure your safety, including continuing to employ doctors with a lengthy history of malpractice, that facility can be liable under hospital malpractice laws.
Common Hospital Malpractice Lawsuits
· Surgical mistakes
· Neglectful monitoring of patient
· Wrongful death
· Wrong site surgical procedures
· Failure to properly diagnose or treat an illness
· Failure to carry out physician orders
· Failure to refer patients to appropriate specialists
· Failure to order proper testing
· Failure to begin treatment of a serious medical condition on time
· Incorrect administration of medication(s) or anesthesia
· Incorrect administration of treatments
· Improper use of medical equipment
· Failure to prevent post-op infections due to poorly regulated safety procedures or violated rules of conduct
In many cases, a single individual is sued for medical malpractice, however entire medical facilities can also be found negligent, including nursing home facilities and hospitals.
Is a malpractice lawyer necessary to file a lawsuit?
It can be very difficult to prove hospital malpractice without a lawyer who is trained in aggressively litigating such cases. The lawyer will perform a thorough investigation of the hospital malpractice case and confer with a medical expert to find evidence that the malpractice has occurred. This can be a lengthy process, and the amount of restitution can vary greatly depending upon the severity of malpractice. All patients have legal rights when it comes to hospital malpractice, and a qualified malpractice attorney can help you get the compensation you deserve.
· Why are medical malpractice lawsuits hard to win?
· There are many different and acceptable ways to treat injuries and medical conditions.
· Medical records can be tampered with when a lawsuit is suspected.
· Witnesses are often hesitant to provide evidence and testify against their coworkers, and some medical facilities practice reprisals against nurses, doctors, and even patients who act as witnesses.
· Physicians and medical facilities can afford good defense attorneys.
Not every failure of treatment or procedure is malpractice. Often doctors and hospital staff do everything possible to treat patients who ultimately suffer pain or die, but sometimes they do not.