Victims Of Medical Malpractice

What should you do if you feel you are a victim of Medical Malpractice? First, it is important to understand what Medical Malpractice really is. In a simple form, it can be said to be Professional Negligence. But more fully, it can be conduct that is seen to be immoral or improper, it can be a mistake caused by carelessness or ignorance, be it intentionally for whatever reason or caused by some other related factor. Negligent or unskillful performance of duties for whatever reason can be classed as Medical Malpractice.

In order to understand if you have a strong enough case to move forward with a potential Medical Malpractice suit, there are certain issues to be addressed and questions to be asked first. What was the nature of your injury or complaint and were there any tests taken to ascertain the nature of this illness or injury? Was it all explained to you? Was it a surgical procedure or another form of treatment? Was it misdiagnosis? Are there damages? Asking yourself these questions should give you an idea of if it is worth pursuing, since the costs can be high both in monetary terms and also emotionally.

It is worth remembering that malpractice is usually a mistake, something was either done incorrectly or something was overlooked that should have been picked up. The reasons for this can vary from an overworked, tired doctor or nurse, someone who had little prior knowledge of the illness or procedure that was done or mistaken tests. You should also decide if you are seeking some form of monetary compensation or needing to know why and how this could have happened and are merely seeking closure to the event.

It is very difficult to win a malpractice case for several reasons. There must have been direct injury or damage to the patient caused by the doctor or hospital staff and the lawsuit must prove that the damages were caused by the acts of those being sued. There is also a statute of limitations of two years on medical malpractice suits, which makes it harder to prove and this time frame can only be broken in very unusual cases. It is therefore of the utmost importance that a person seeks legal advice as soon as they have recovered sufficiently to do so. Whether you are claiming for yourself or on behalf of a loved one who has either died or is permanently incapacitated, it is wise to speak to a lawyer as quickly as possible.

Should your lawyer decide that you have a strong case he will file a suit in the appropriate jurisdiction and start the process. Next, both party's lawyers will share information and go through the relevant documents, and in some cases a settlement is made before going to trial. If no settlement can be reached then they will proceed to trial.

Once the case goes to trial, each party will produce expert witnesses to show and strengthen their case. These experts can be other doctors, nurses and or any persons proven to have knowledge of the case. The plaintiff has the burden of proof, or in lay terms, must prove all the allegations against the defendant. Medical Malpractice cases can take quite a long time and can be adjourned many times.

Once a verdict has been reached the judgment will be handed down. Either party may appeal the judgment. Medical malpractice cases can be very borderline and sometimes even the simplest word or actions can make the difference between winning and losing a case.

There is the case of Mr. A, who was suffering from what appeared to be constant laryngitis. After his local doctor had tried a few preparations, he advised Mr A to seek a specialist’s opinion. Mr. A took his referral and called an Ear, Nose and Throat specialist to make an appointment. The receptionist took the particulars and asked Mr. A if he smoked to which he replied “yes”. The receptionist then added that Dr J would not like that.

On the day of the appointment, Mr. A told Dr J of his symptoms, advised the duration of the symptoms and the preparations his regular doctor had tried. At this time he admitted that he smoked. Dr J “huffed”. Dr J then put a camera down Mr. A’s throat and had a look. He suggested to Mr. A that he quit smoking immediately; he told him he believed he had thrush on the vocal cords and prescribed some medication. He at no time suggested anything else could be amiss and never mentioned Mr. A should come back if it did not clear up.

Some months later it was found, by another ENT, that Mr. A had throat cancer which was quite advanced and would need to have his voice box removed to save his life. It could be argued that Dr J has a case to answer for being negligent in not picking up the cancer and his improper treatment of Mr. A because he was a smoker. But, Mr. A should have returned to Dr J and advised him he was no better. Mr. A could argue that although he did not like the attitude of Dr J, he believed that he was a specialist who would have found anything more sinister. Mr. A did not take this case to trial.

The case of Miss B is more cut and dried. After having surgery, Miss B woke in her ward in agony, she pressed the button and after speaking to a nurse, she was advised that another nurse would be along soon with some pain relief. This never occurred and after several attempts and subsequent promises, Miss B spent a fitful night in pain.

The next morning she woke up as a nurse was changing her IV drip. Miss B asked what the nurse was doing and the nurse replied administering penicillin. "No!" cried Miss B, I am allergic to it and held up her arm and leg on which a red band should have alerted the nurse. The nurse continued putting in the drug and said “You have been getting this for the last two days; I don’t know what you are talking about”. Miss B had only been admitted the night before! Miss B advised her to get a doctor in there quick as she was going to need help. She did indeed have a severe reaction and needed medical intervention. The case was eventually won by Miss B, although the settlement was undisclosed.

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