By definition, medical malpractice is noted as being professional negligence by act or omission of a healthcare provider that falls below the accepted standard of practice or when a medical professional has breached the standard of care leading to a patient’s injury or death. To constitute a breach of the standard of care, the doctor or medical professional must have done something unreasonable under the circumstances, meaning that another medical professional would not have done that same thing given similar circumstances. If an injury results from this unreasonable action or inaction, it can be said that medical malpractice exists. The following are three additional things that you should keep in mind about medical malpractice:
Medical Negligence is the Third Leading Cause of Death in the United States
According to the Journal of American Medical Association every year, between two-hundred thousand and four-hundred thousand patients die from medical malpractice. Furthermore, up to twenty times that number of patients suffer injuries that don’t lead to death but do result in permanent ailments and disability.
Time is Important Because Some States Have Statute of Limitations
Once you realize that you’ve become the victim of medical malpractice you have a limited window of opportunity to take any action, through legal recourse, against the allegedly negligent party. There are, however, specific circumstances where this time limit is different. Therefore, this law firm recommends that you talk with an experienced medical malpractice attorney if you have questions involving medical malpractice time limits. Most states require that you file a claim in court within a certain number of years from the date the injury occurred or from when you should have reasonably been aware of the injury in question. Be aware that additional limitations apply to injuries involving mental incapacity.
A Bad Outcome Does Not Equal Medical Malpractice
The sad truth is that even with the most advanced treatments in the best circumstances, with the best doctors, unfavorable results can occur. A patient’s health can deteriorate, even when no negligence is present. Therefore, don’t assume that your worst-case scenario is due to medical malpractice. Under most state laws, medical providers cannot be held liable unless it can be proven in court that they deviated from the standard of care of the local medical community. Health care providers, hospitals, and their insurance carriers will often claim that medical injuries resulted from known complications related to medical procedures or were simply unavoidable, and therefore they cannot be held liable. In this case, you can get help from a medical malpractice lawyers baltimore and surely you will get the rightful justice.
A malpractice claim may exist if a medical professional or healthcare provider’s negligence causes injury or damages to a patient. If you or someone you know has been injured due to a botched surgery or suffered needlessly due to a missed diagnosis keep in mind that medical malpractice cases are complex and difficult to prove. For that reason and in conclusion, make sure to hire reputable attorneys from a law firm with proven experience prosecuting medical malpractice claims against hospitals, nursing homes, emergency room staff, doctors, nurses, surgeons, and dentists.
