Medical professionals are charged with taking care of their patients while maintaining an appropriate standard of care. While most healthcare practitioners maintain this standard of care, some do not and their patients suffer injury or even death as a result. Below is an overview of personal injury law and how it pertains to medical malpractice. If you or someone you love has been injured by a healthcare practitioner, it may be to your benefit to speak with a personal injury lawyer DC trusts.
Most Common Medical Malpractice Claims
While there are a variety of situations that can lead to a medical malpractice claim, some are more common than others. Below are the most common types of medical malpractice claims in the United States today:
- Birth Injuries
Doctors and nurses in the labor and delivery room can make decisions that lead to serious injuries that can have lifelong effects. These types of injuries to newborns can occur if a doctor delays a diagnosis, necessary procedure, or a nurse fails to follow the doctor’s orders exactly.
- Surgery Mistakes
Surgeons and operating room technicians should take the appropriate amount of time to count medical equipment used during surgery, so that nothing is left behind. Leaving scissors or other medical devices inside patients often leads to malpractice lawsuits. There have also been many cases in which the doctor performs the wrong surgery on a patient, leaving them disabled for life.
- Diagnosis Errors
Doctors who delay making a diagnosis or make the wrong diagnosis may find themselves looking at a medical malpractice lawsuit. While not every mistake leads to a lawsuit, those that involve negligence on the part of the doctor often do.
According to the United States Department Of Justice, the average person hurt in a medical malpractice claim waited an average of 27.5 months to file a lawsuit. Because each state has their own statute of limitations, it is important to seek the advice of a personal injury lawyer to avoid losing the right to have your case heard.
Lawsuit Vs. Settlements
Statistics show that approximately 93 percent of all medical malpractice cases are settled out of court. This means only seven percent of all cases require a jury trial to resolve, so it is extremely important to hire a personal injury lawyer who has experience negotiating settlements with insurance companies.
Wrongful Death Claims
In the event a patient dies due to medical malpractice, the victim’s family may file a wrongful death lawsuit. This type of lawsuit is designed to compensate the victim’s family for the loss of income, companionship, and outstanding medical bills. Wrongful death claims can be filed by the victim’s spouse or domestic partner, children, or stepchildren.
If you have suffered injury due to the negligence of a healthcare practitioner, pharmacist, or nursing home staff contact a personal injury lawyer for a consultation. After examining your case, your lawyer will let you know how to move forward with your medical malpractice case or wrongful death lawsuit.
Thanks to our friends and contributors from Frederick J. Brynn P.C. for their insight into wrongful death cases.