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When Should I Consider a Claim for Medical Malpractice?
Nearly 98,000 Americans die each year as a result of medical
errors. However, not every bad outcome means that malpractice
was committed. How are you supposed to know the difference
between a medical error caused by negligence and a bad outcome
caused by an unfortunate risk or complication of a procedure?
Moreover, if medical negligence is involved is a claim really
worth pursuing?
Medical malpractice cases are some of the most expensive
and difficult cases to pursue in litigation. Statistically
speaking, of those cases that do go to trial each year in
this country, almost two-thirds of them result in a verdict
in favor of the health care provider. That means the malpractice
victims only win in one-third of the cases.
Because of the difficulty and expense involved in these cases
most experienced attorneys who handle medical malpractice
cases use some preset criteria to help them decide whether
or not to take on your potential case. Most attorneys realize
that the case can be won or lost in the screening process
they use to decide whether or not to take the case.
The first factor that must be considered is the nature of
the alleged malpractice and the severity and permanency of
the injury. If a nurse forgot to give the patient his tylenol
at a certain time and gave it later without any consequences
then a medical malpractice case should not be seriously considered.
Rude physicians or nurses should not form the basis for a
suit.
Remember, most jurisdictions require the losing party (not
the attorney) to pay the costs of the winning party. In a
medical malpractice case these costs could easily approach
$50,000. Cases which are based on anger, vendettas or which
cannot be supported by evidence have no place in the legal
system.
In deciding whether or not you have a potential medical malpractice
claim you should seek the advice of an experienced medical
malpractice attorney. Many attorneys "dabble" in
this type of law without seriously devoting the resources
to handling these cases the way they should be handled. Make
sure your attorney's credentials reflect his medical malpractice
experience.
The degree of injury and amount of damages are very important
considerations. Even if malpractice occurred, a party who
must undergo additional procedures and expenses may be fortunate
enough to fully recover from the malpractice. Unless the medical
expenses are very high and the period of suffering longer
than a year, the recoverable damages will probably dictate
that a case should not be brought.
It does not make economic sense for a lawyer or victim to
spend $50,000 pursuing a claim worth $50,000. However, when
the malpractice has caused a permanent and serious injury,
a claim should be seriously considered. One of the factors
to consider is whether the medical condition of the victim
was such that a bad outcome was going to occur anyway. This
may be seen in cases involving bad nursing care of terminally
ill patients. Moreover, failing to diagnose cancer in a patient
that had no chance of survival by the time the delay in diagnosis
occurred is another example of a case that may not make sense
to pursue.
In terms of taking on new cases, most experienced medical
malpractice attorneys will tell you that for every case they
take, they turn down at least ten to fifteen other cases that
they do not take. This does not mean that you are wrong to
consider bringing a case for suspected medical malpractice.
It simply underscores the need to have the potential case
reviewed by an experienced medical malpractice attorney. |
