According to a recent report published by Johns Hopkins University deaths by medical mistakes outnumber the third official leading cause of death in the US i.e. respiratory disease. Having said that every year 250,000 people die in due to medical malpractice. Medical malpractice happens when a medical professional deviates from the approved standards of care which results in the serious injuries to the patient even death.
When there is a lawsuit filed under the charges of medical malpractice, it is important for medical experts to have information in a cohesive manner. Medical experts can testify regarding accepted standards of care, how a doctor deviated from these standards, how the deviation caused damages, and what types of damages occurred.
The Quality of the Case at Hand:
The case is considered reliable and information worthy of consideration if the testifying doctors is an expert in knowledge, comprehensive, precise and have up to date medical knowledge who can make or break the entire case. Moreover, the testimony of such medical professional can be difficult to challenge and irrefutable.
- Screening of the Case:
In order to screen or review the case, it is very important to select the reviewer very carefully. Usually, the plaintiff is supposed to pay the fee for the case review which varies from case to case. A medical malpractice case sometimes is considered of more quality when it is reviewed by a secondary medical professional. Cultivating the relationships with these medical professionals before the trial ensures better understanding and review of the case.
Complications in the Cases:
Each case of malpractice is different from one another. When a patient undergoes treatment, the doctor discusses issues with the patient. Each body reacts differently to the same treatment. The presence of any of the following factor may arise the complications:
- No Deviation occurs:
Usually, the negligence occurs on the part of the patient, when the doctor observed all the same standards of care during the treatment that they practice on other patients. In case, the plaintiff files a medical malpractice suit against a doctor on this basis, but cannot prove the deviation from the standards, the jury should decide in favor of the defendant and the recovery of loss does not take place.
- The Causal Connection Between the Treatment and Injuries:
If a patient ends up with injuries does not mean that it was the result of medical malpractice, or it gives enough reason to file a lawsuit. For instance, if a doctor delays a diagnosis, but the delayed diagnosis does not affect the prognosis, then there is no causal link between the injuries and the delay of diagnosis. Moreover, there can be other factors that cause injuries and not a certain omission or act of the doctor.
Evaluation of the Case by Medical Malpractice Attorney:
Those who believe that injuries occurred due to the malpractice of a doctor, can discuss this matter with a medical malpractice attorney. It is important to keep in mind that not only the victim evaluates the lawyer before hiring, the attorney also will evaluate the quality and merit of the case. Moreover, the lawyer can decline the case on different grounds, for instance, if there are extremely complex facts and medicine involved, or if it requires multiple expert witnesses which can become a costly affair. If the damages did are insignificant as compared to the cost of litigation, the attorney may reject to present the case.