How To Cope When Your Doctor Makes You Sick
Medical malpractice occurs much more often than most people realize, as it is the third leading cause of death in the United States. There are an estimated 200,000 deaths annually as a result of medical malpractice. The typical patient tends to trust their doctor with respect to diagnosis and treatment, attempting to follow their orders.
Sometimes orders can be confused with recommendations, as many patients find out once they are entangled in a malpractice claim. In addition, third-party experts can also discount the respondent doctor’s opinion, so malpractice claims can get complicated easily. There are several legal considerations to remember when involved in a medical malpractice claim.
Malpractice claims usually revolve around whether the medical professional was negligent in the treatment process, as plaintiffs in a personal injury civil case are required to prov e by a preponderance of the evidence that a distinct injury occurred, including the worsening of a condition, and it was the direct fault of the respondent physician or treatment facility. The burden of proof is incumbent on the plaintiff.
Medicine is not always an exact science. Treatment regimens are normally determined by recommended first-line defenses, such as specific medications. Doctors who follow re commended “standard of care” guidelines are normally given significant professional latitude in difficult cases.
However, an incorrect diagnosis can quickly lead to a detrimental treatment plan. Otherwise, a doctor may enjoy professional respect from the court that a treatment facility team or non-professional respondent may not receive. Multiple respondents can also be a result when a breakdown in communication occurs while medical professionals work in teams.
Redundancy in preparing for surgery is a good example. Operating on the wrong body part is obvious negligence and can include several negligent parties.
Coping With Injury During An Active Claim
This can create a problem when a condition is worsened by a medical professional and even more intense treatment is needed. Finding a new treatment facility is not that easy. This can create a financial hardship for patients who live in small communities because they may need to find a different practitioner to repair or continue the treatment process. It is important to remember that often an injured patient with a malpractice claim will still need ongoing medical attention and care if wrongful death does not occur.
Always Retain A Solid Attorney
The importance of having an experienced and effective medical malpractice attorney like The Perecman Firm handling a malpractice claim cannot be overstated. When lawyers get involved, medical malpractice insurance companies get involved, and the legal wrangling will be more than an injured claimant can manage. Insurance companies would much rather deal with a claimant personally because the usual result is a minimal claim settlement with many legal claims rights avoided.
They all want a full medical release from further responsibility. A novice claimant is no legal match for a professional insurance negotiator who will want a definite claim reduction as a settlement goal. Do not play with the insurance company because deceptive bad faith antics are the status quo.
Many malpractice cases actually go to trial at the request of the doctor because they would rather take a chance that the case will be dismissed, at least for physician negligence. Malpractice insurance company legal teams are often much more receptive to a trial if they think they can impress the jury to acquit.
This is a gamble on the part of the respondent, as it is usually the plaintiff moving for trial because of the possibility of punitive damages. With a highly-experienced attorney, the injured claimant can concentrate on rehabilitation when possible. Additionally, wrongful death claims will require an experienced attorney to calculate a reasonably appropriate settlement amount.
The heart of writer LaGeris Underwood Bell goes out to those patients who suffer the additional injury of bad medicine and bad faith insurance company shenanigans. She recommends seeking the services of legal groups like The Perecman Firm for sound legal advice.
Photo credit #1: http://www.flickr.com/photos/phalinn/8116047139/
Photo credit #2: http://www.flickr.com/photos/phalinn/8116020550/
Photo credit #3: http://www.flickr.com/photos/phalinn/8116051539/
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