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Millions of people every year find themselves in a doctors office at some point to see a
doctor or other medical professional. With so many people seeking better health, its
surprising to learn how many treatments ultimately lead to patient harm. The Journal of
Patient Safety estimates that 210,000-440,000 patients will be the victim of preventable
medical error leading to their death.
This makes medical negligence the third leading cause of death before respiratory
disease, accidents, stroke and Alzheimers. More than $3 billion are spent on medical
malpractice payouts every year, and even with the high amount of cases, only one out
of every eight cases of medical malpractice even result in a claim for damages.
With the amount of cases and seriousness surrounding medical malpractice, the
doctors and medical professionals hardly ever receive any backlash at all. About 5% of
doctors are responsible for paying only 54% of medical malpractice payouts and only
8% of doctors with two or more medical malpractice payouts are actually disciplined for
their error.
Its important to also note before you file for a malpractice claim that you, as a patient,
are also required to be honest with your doctor or medical professional with your
medical history and personal habits. In order to make a correct diagnosis the doctor
must be provided with all the information they may need. For example, if you dont
mention to your doctor about your chest pains youve had, they wont be able to help
diagnoses you for possible heart disease.
On the other hand, if your doctor fails to ask questions about your medical history,
doesnt recognize your symptoms, doesnt give a proper diagnosis, reads a test result
wrong, or fails to order a correct test in order to diagnosis you, you may have a medical
malpractice claim on your plate.
Is it medical negligence?
Committing negligence isnt just receiving treatment or results that you arent happy
with, its whether the medical professional deviated from the medical standard of care. A
doctors care is not required to be the best, but should be careful and reasonably skillful
which is often the heart of a malpractice claim. You have to be able to prove that it is
more likely than not a medical professionals incompetence actually caused the injury.
One of the reasons malpractice suits get so complicated and hard to defend is because
it is sometimes hard to determine whether what the doctor did, negligent or not, actually
caused the harm since the patient was already sick or injured in the first place. It is
common to have a medical expert testify if the doctors actions or negligence that
caused the sickness or injury.
Failing to diagnose
If a doctor doesnt connect your symptoms to a medical condition and no course of
treatment is put into place, you may be viable for a medical malpractice claim.
Misdiagnosing is also a common malpractice when a medical professional says you
may have a condition when in reality you may have something different. If another
doctor who is competent and would have made a different diagnoses based on your
symptoms and illness, then you may have a malpractice claim on your hands.
Inadequate treatment
Another common malpractice claim results from incompetent doctor practices. This is
when a doctor treats a patient like no other medical professional would. Improper
treatment to a patient also derives from a doctor or medical professional administers a
treatment incompetently.