Medical malpractice occurs when a health institution (Doctors, hospitals, Health care professionals), as a result of negligence on their part, causes an injury to the patient. It has become a recurrent issue over the years and has led to several untimely deaths. Let us explore some interesting facts about medical malpractice.
1. One Of The Leading Cause Of Death
Medical malpractice constitutes one of the leading causes of death globally. Data released by the research shows it occupies the third pole on the leading cause of death in the United States of America, with Heart Disease and Cancer leading the pack. Also, data released by the World Health Organization (WHO) on September 13, 2019, indicate that unsafe health care services are responsible for the death of about 2.2 million deaths annually.
This unprofessional action has generated a lot of concern among medical practitioners, with the World Health Organization (WHO) and the World Medical Association (WMA) lending their voice by creating awareness about the negative impact on human social and economic life.
As part of the resolutions at the 44th World Medical Assembly in Marbella, Spain, in September 1992, the body urged countries to strengthen legislation to criminalize and sanction any individual or entity that aids any practice that relates to medical malpractice.
2. Proofs Of Medical Malpractice
If you are in Virginia, then you should know that any case of medical malpractices must fulfill some conditions to enable your Roanoke personal injury attorney to make legal claims. Some of these conditions are;
- Violation of standard care: A patient must prove that while under the health service provider’s care, the standard of treatment does not conform to the industry standard approved by the health care regulating agency or global best practice.
- Suffered in injury: The patient must show evidence to back the claim that he/she had been a victim due to negligence by the service provider in the discharge of their duty.
- The injury suffered led to damages: The court, panel, or dispute resolution body usually ensure that they hear the case from both sides before ruling on the matter.
Expert in the field will give their opinion, and testimonies of witnesses who know about the situation will be admitted to show that an injury suffered by the claimant has led to significant damage.
3. Examples Of Medical Malpractice
It can be confusing to decipher whether or not medical malpractice occurred. So, here are some common examples of medical malpractice and how to spot them.
- Disregarding patient health history: Before a medical practitioner (Medical doctor, nurses, laboratory experts) can administer any form of treatment on their patients, it is advisable to request the patient medical history for so many reasons. It could be to understand if the patient is allergic to a particular drug or a specific procedure. No matter what, it is the norm to have a clue about the patient’s health background.
Under this circumstance, the patient has the right to institute a case against the health care provider for damages.
- Misdiagnosis: Many people have lost their loved ones to wrong diagnoses by health workers. It is unethical for a medical practitioner to judge or proscribe treatment on a patient through common sense. In carrying out a diagnosis, if the health care provider gives the patient a misleading result due to technical inability, the patient has the reserve right to bring his/her case to sue for damages.
- Discharging patients prematurely: Every medical practitioner desires to see their patients recover as quickly as possible because It boosts their approval rating among their competitors. Nevertheless, before a patient leaves the clinic, the doctor must be sure that the patient has recovered to the point that he/she can return home. There are instances where doctors release patients only to find out later that due process for discharging was not thoroughly followed, thus putting the life of the patient in danger; in some cases, loss of life can take place.
4. Way Out For Victims Of Medical Malpractice
Although medical malpractice can be hard to prove and handle, there are certain steps victims can take to get help and possibly justice.
- Request for transfer to another facility: Put in for a transfer to another hospital immediately. You shouldn’t discuss the matter with the service provider. They may disagree because they know their reputation is at stake.
If you confront them, the chances that they will alter your medical file to escape the claim you will bring against them is high.
- Keep Record: This is one crucial aspect you must not forget as a victim of medical malpractice. You cannot rely on your brain to save all the experience. Writing out your experience is essential as it can serve as evidence in case of arbitration. In case you cannot do that, get someone you can trust to help you out. Keep the details away from the third party except for your attorney.
- Get an attorney: Delay defeat equity base on the maxim of equity. In medical malpractice, time is of the essence. The maximum you can wait to file your case must not be more than two years. To make the whole situation easy, you should get an attorney specializing in medical or health-related cases.
Medical malpractice has become a menace over the years, and it is important that patients have a clear idea of the treatment/care they deserve when they report to a hospital. Having the right information will keep you safe and protect your life.