Fact: As stated by the JAMA (Journal of the American Medical Association), medical neglect is the third top cause of fatality in the United States—right behind cancer and heart disease.
In 2012, more than $3 billion was expended in medical malpractice costs, with an average of 1 payout every forty-three minutes.
Alarming, isn’t it?
However, there is stuff that you could do to prevent becoming a sad part of these data… to be your finest healthcare advocate. Jason Konvicka, an associate in a law firm based in Virginia called Allen, Allen, Allen & Allen should know.
He was proclaimed as one of the state’s Super Lawyers, the experienced trial lawyer has won several of the biggest personal injury grants in the state, also freshly secured the hugest malpractice award in court history of the state of Virginia.
LearnVest interviewed Konvicka so as to talk about disturbing trends in medicine, and heed his advice with regards to how folks can reduce their risk of facing a medical malpractice.
For starters, what is the legal description of medical malpractice?
Jason Konvicka stated that medical malpractice takes place when a healthcare provider swerves from the “standard of care” in treating a patient. The standard of care is described as what a rationally careful healthcare provider would or wouldn’t have executed under a similar situation.
It basically talks about whether the healthcare provider was careless.
How do you find out if a person was a medical negligence victim?
A malpractice claim would manage to exist if the neglect of a provider results in a patient’s damages or injury. But, having to experience a terrible outcome is not frequently a proof of negligence.
Furthermore, healthcare providers will let a patient know that the individual has obtained careless medical care from their preceding healthcare provider, and seemingly will seldom notify a patient that the healthcare providers, themselves, have erred.
Another stirring factor: A quick, truthful apology might bring to a halt to a future claim, or it might provide a chance for a resolution without litigation.
Insurance companies normally want to resolve with the injured party instantly if they can, and this lets them do so prior to knowing the full extent of the injuries, and preventing the harmed individual from employing a lawyer who could raise the claim’s settlement value by means of their representation.
It is vital to remember, though, that the trial of medical malpractice claims—besides having a high possibility of failure—could be very long, stressful and expensive. It is projected that medical mistakes kill just about 200,000 individuals in the U.S. annually.
But only 15 percent of the personal injury claims filed yearly entail medical malpractice cases, and over 80 percent of those claims end without payment at all to the injured party.
Therefore, most skilled medical malpractice lawyers won’t pursue a claim unless the damages and injuries written in the records—subsequent to them being checked by a specialist—are important and validated.
What to do if you suppose that you’ve been caused to undergo negligent care? Is there a statute of limitations?
The initial step should be contacting an experienced malpractice lawyer. A methodical assessment of the case facts—this entails everything from acquiring relevant medical records to interviews/meetings with the patient, friends and family members—must be done by the lawyer to establish whether the claim is actionable.
Statutes of limitation—these are deadlines by which a claim should be filed or permanently barred—vary from one state to another, as do the routine requirements that should be met prior to a medical malpractice claim is filed. It is always ideal to seek help from a licensed attorney near you.
What can patients do to reduce the chance of having to experience medical malpractice?
Being practical regarding medical care is definitely the most admirable step. Patients must explore so as to know about their wellbeing and record their symptoms. They must inquire healthcare providers regarding stuff that they believe are imperative and anticipate complete and absolute answers.
It is also very important not to permit yourself to be terrified by the system. Speak out and watch out for your own health. If patients believe that something might be wrong, then they must converse with their healthcare providers.
However it is imperative to have faith in them, it is vital as well to monitor your body and make use of common sense.
It is also wise to have a friend or family member to guide you on very important visits to your healthcare providers.