Medical Malpractice Demystified – Put An End To All Your Queries
If you have any qualms regarding a medical procedure you or your family or friends have recently undergone, then this might be the best time to look for a Houston medical malpractice attorney.
Remember the Brenda Davis case? Well, Mrs. Davis was a lovely lady who underwent a routine ovarian cyst removal surgery in 2009. The 64-year-old died two days after the surgery. The reason? During the surgery, her bowel had been accidently pierced and the surgeon performing the surgery had failed to inspect her insides for any cuts and nicks. This lapse went unnoticed despite Mrs. Davis’s repeated complaints of discomfort. This year the DeKalb County awarded her husband a compensation of $3 million. It might not bring back Mrs. Davis but it does put the spotlight on how negligence on the part of healthcare professionals and how it should not go unpunished.
According to https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/ medical malpractice lawsuits first started appearing sometime in the 1800s. Since the 60’s, the number of medical malpractice cases has been on a steady incline in the United States.
Defining Medical Malpractice
Medical malpractice usually occurs when a healthcare professional, like a doctor, nurse or surgeon, deviates from the accepted standards of treatment. This deviation can be the result of either a known or unknown action on their part, or an omission of an action, i.e., negligence, that was vital in nature to the treatment being undertaken. Medical Malpractice laws will be then applicable in such cases.
Medical Malpractice laws in the United States
In the US, Medical Malpractice cases usually come under the purview of state laws. To gain adequate financial compensation for injuries and damages that occurred due to the medical negligence of the healthcare professionals involved, the patient will be required to prove that it was the medical care he/she underwent that resulted in such injuries. For doing this there are many ways, like getting the records containing the details of the treatment and procuring the testimony of another qualified medical professional to affirm on the patient’s behalf of the actual mode of treatment that was supposed to have been followed.
It must be noted that all such complaints must be filed within the specified time-period. This time period has a legal term- Statute Of Limitations. It must also be remembered that every state has different interpretations regarding the Statute Of Limitations. So while one state might have six months as the time period to file such cases, another might have a year.
It is by no means easy to prove medical malpractice. Negligence is a tricky point to prove, but with the right expert witnesses, even this monumental feat can be achieved. Such expert witnesses need to be proficient in the workings of the court as they will have to withstand the tough questions that will be asked while they are on the stand.
Once these allegations are proved beyond doubt, the judgment will always be in favor of the victim of such malpractice. The compensation will be calculated by taking into account the severity of the damages such negligence caused.