Fact: In line with the JAMA (Journal of the American Medical Association), medical neglect is the third principal cause of fatality in the United States—right behind cancer and heart disease.
In 2012, more than $3 billion was expended in malpractice payouts, with an average one payout in every forty-three minutes.
Shocking, Isn’t It?
Yet there is stuff that you could do to prevent becoming an inopportune part of these figures—to be your finest healthcare advocate. Jason Konvicka should know.
He was proclaimed as one of the state’s Super Lawyers, the experienced trial lawyer has won a few of the biggest personal injury rewards in the state, also freshly secured the hugest malpractice award in court history of Virginia state.
LearnVest talked to Konvicka to converse about upsetting trends in medication and listened to his recommendation on how folks can reduce their risk of facing medical malpractice.
For starters, what is the legal description of medical malpractice?
Jason Konvicka stated that medical malpractice happens when a healthcare provider swerves from the “standard of care” in treating a patient. The standard of care is described as what a rationally cautious healthcare provider would or wouldn’t have carried out under similar circumstances.
Essentially, it talks about whether the healthcare provider was careless.
How do you find out if someone was the medical negligence victim?
A malpractice claim would exist if the negligence of a provider results in damages or injury to a patient. On the other hand, experiencing a terrible outcome is not constantly proof of negligence.
Moreover, healthcare providers will occasionally notify a patient that they have received careless medical care from their previous healthcare provider, and most probably will occasionally inform a patient that the providers, themselves, have erred.
Another motivating thing: A quick, truthful “confession” might avoid a claim in the future, or give a chance for a resolution without the required litigation.
If they can, insurance agencies typically desire to resolve with an injured individual directly, and this lets them do so prior to the full amount of injuries are identified, and avoiding the injured individual from hiring a lawyer who could boost the claim’s settlement value by means of their representation.
It is imperative to note, on the other hand, that the trial of medical malpractice claims—as well as having a high possibility of failure—could be very expensive, time-consuming and stressful. It is expected that medical mistakes kill approximately 200,000 individuals in the United States annually.
But the only 15percent of the personal injury cases filed per year entail medical malpractice cases, and over 80 percent of those cases end without payment at all to the injured party.
As a result, most skilled medical malpractice lawyers won’t pursue a lawsuit unless the damages and injuries put in the records—following review by a professional in the specialty—are considerable and validate it.
What to do if you think that you have been put through negligent care? Is there a statute of limitations?
Contacting an experienced malpractice lawyer must be the initial step. A methodical assessment of the details of the case—this entails everything from getting important medical records to meetings with the family members, patient, and friends—must be carried out by the lawyer to find out whether the case has enough reason to take action.
Statutes of limitation—deadlines by which a case should be filed or barred permanently —vary from one state to another, as do the routine requirements that should be met prior to a medical malpractice case is filed.
It is always good to seek help from a lawyer qualified in the area where the suspected malpractice took place.
What can patients do so as to reduce the possibility of experiencing medical malpractice?
Being proactive regarding medical care is certainly the most excellent step. Patients must do research so as to be aware of their well-being, and record their symptoms. They must ask healthcare providers about stuff that they think are imperative, and expect full and absolute answers.
It is also vital not to let yourself be frightened by the system. Speak out and support your own well-being. If patients think that something might be wrong, they must talk to their healthcare providers. Though it is important to have faith in your nurse or doctor, it is also vital to observe your body… and make use of common sense.
Also wise: Have a friend or family member escort you on vital visits to your healthcare providers.