Medical negligence occurs when a patient suffers injury or harm as a result of a doctor’s mistreatment. Whether it was a missed or wrong diagnosis, improper treatment, or failure to treat in general, there are medical negligence laws in effect to protect the patient and provide them with the recourse of prosecuting the offending party.

Although every state has them in place, medical negligence laws vary among them. There are, however, certain things that are universal, regardless of which state the incident occurred within.

Generally, medical negligence law holds that in order to be successful, a patient must prove four things in their case. These four things are as follows:

• Duty of care. It must be proven that the defendant did, in fact, have a responsibility to provide care for the plaintiff. This is usually relatively simple to prove in cases where it is documented with medical records that the plaintiff was a current patient, under the care of the offending physician at the time of the incident.

• Failure of said duty of care. The plaintiff has the burden of proving that the defendant did not act with the proper care in their diagnosis or treatment. Whether it was deliberate or accidental, there must be sufficient evidence to support this claim in order for the plaintiff to be successful.

• Resulting injury or harm. It’s not enough to just show proof that a doctor has failed in their duty of care. Medical negligence law requires that the plaintiff must then be able to prove that they suffered injury or harm as a direct result of the doctor’s negligence. Medical records documenting follow up treatments, and expert witnesses and reports can all be used to support this part of a claim

• Proof of damages. This is perhaps the heart of a malpractice claim, because if there are no damages, or none that can be proven, there is essentially no case. The plaintiff must provide sufficient evidence that they have suffered damages, either financial or emotional, in order to win their claim.

It’s safe to say that these four things must be present in order to move forward with a medical negligence lawsuit, regardless of what state the incident occurred. If any one of them is not present, the law will not support the claim and it will most likely never make it to litigation.

Medical negligence laws are in place to protect patients from the improper treatment by a doctor or medical professional. They vary from state to state, and are complex and confusing. If you feel that you have been a victim of malpractice, speak to an attorney who is experienced medical negligence law right away.

Medical malpractice happens when a doctor or medical professional fails to provide their patient with appropriate standard of care that another doctor or medical professional would provide in the same situation, causing injury and harm to the patient. People who are victims of medical malpractice have the legal right to sue the doctor in question for damages. But they should know that these types of lawsuits can be complicated, confusing and lengthy. Anyone considering suing a doctor or medical professional for negligence or malpractice should have the services of a medical lawyer on their side.

Medical lawyers specialize in claims and lawsuits involving medical malpractice, doctor’s negligence, hospital and nurse negligence and much more. They are highly trained, and have intricate knowledge of the law with regards to these types of claims. Filing a lawsuit without a medical lawyer can prove detrimental to your case.

There is a lot of research and work involved in malpractice suits, such as obtaining medical records, interviewing and choosing expert witnesses to testify on your behalf, preparing reports, and filing the case with the court. Most of this stuff is a mystery to the average person. Medical lawyers, on the other hand, do this every day, so hiring one to do the legwork for you just make sense.

Medical malpractice suits can take a lot of time, and sometimes drag on for months or even years. Because medical lawyers know the entire process, from start to finish, they are able to handle things much faster than if it were being handled by the patient alone.

The laws governing negligence cases are complicated and confusing. This is probably the most important reason to enlist representation from a medical lawyer. They understand the details of the law, and exactly how to work within them. A good example of this is the statute of limitations that most states impose on medical cases. Not knowing about this statute could easily mean filing a claim too late. Having an attorney will help to ensure that these laws are abided by and the claim is handled in a timely manner.

If the case goes to court, evidence will have to be presented, and testimony given on behalf of the patient. It is extremely difficult for the average person to represent themselves in a court proceeding, because most are unfamiliar with the process. This can lead to disaster, and the case not being successful. Medical lawyers are experts in presenting cases in court, and have a much better chance of winning a claim and getting compensation for the victim.

Most medical lawyers don’t collect any fees or payment until after the case is over, and was successful. This means that it’s absolutely no cost to hire an experienced attorney. Knowing all this, why would anyone choose to go it alone?

A medical lawsuit against the Veterans Affairs hospital in Salt Lake City has been settled for nearly $1 million in damages. The lawsuit was filed after the death of William Meyer, who was being treated at the hospital for leukemia when he developed a fatal blood infection.

Meyer was undergoing chemotherapy at the VA in October 2004. Several days after his final treatment, he started experiencing diarrhea and stomach pain. Meyer’s wife, Pamela, called the hospital about his symptoms and was told an over-the-counter gas medication should help.

A Severe Infection: Every Minute Counted
However, gas was not the problem. According to the lawsuit, Meyer had developed a bacterial infection in his colon because of his reduced immunity from the chemotherapy.

When Meyer went to the emergency room, he had to wait 10 hours before receiving antibiotic treatment even though two doctors had ordered it. In fact, the medication was hanging on his gurney but had not been plugged into his IV.

Meyer suffered cardiac arrest and died (with his leukemia in remission) just a few days before his 46th birthday. His wife and daughter will receive compensation for general damages and Meyer’s lost wages.

According to statistics from the CDC, there are 1.6 million residents currently living in nursing homes. With that many people living under the care of others it only stands to reason that mistakes and negligence is occurring on a regular basis. In fact, studies show that approximately 30% of all nursing homes are liable for some form of malpractice. But what constitutes nursing home malpractice? It’s important to know because chances are that at some point you or someone love will be living in such a facility.

Nursing homes are often under staffed, so their employees are subsequently over worked to compensate. Mistakes are easily made when someone has not rested enough or is rushing because they have so much to do. These mistakes can result in injury, or even death of the patients who are left in the care of these employees. Many facilities also fail to properly train orderlies and other workers, which can also lead to abuse, neglect or negligence. It’s often a dangerous, even deadly, combination of these things that lead to cases of nursing home malpractice.

Some general examples of nursing home malpractice include:

• Medication errors
• Pain that goes untreated
• Slip and fall
• Bedsores
• Neglect
• Malnutrition
• Unexplained ailments
• Emotional abuse
• Infections
• Poor hygiene
• Financial abuse

Of course, these are only a few of the many problems that arise when there is a nursing home facility is negligent. So what steps should you take if you suspect that someone you love is a victim of this type of malpractice? They have legal rights, and those rights should be exercised, even if you have to do so on their behalf.

Report any suspected abuse or neglect to your local law enforcement authorities. It’s also a good idea to speak with an attorney, particularly one who specializes in elder care and/or nursing home malpractice. He or she will review your claim, determine if you have a case, and if so, help you gather the evidence needed to file a claim against the negligent parties.

Nursing home negligence is a crime and it’s not to be taken lightly. There are laws in place to protect those vulnerable members of our society who rely on the employees of these facilities for their long term care. Reporting abuse and neglect, and bringing lawsuits against those who are guilty of these crimes is critical in preventing further cases from arising.