Preventable medical injuries are more common than you might think. In fact, 5% of patients are harmed while they are in medical care by mistakes made by the staff. When an injury is preventable, you may be entitled to compensation. However, you'll need to be aware of several medical malpractice misconceptions first.
False: Mistakes Are Rare
Many doctors and nurses are able to commit a large number of mistakes without facing consequences. The only time that these errors are usually addressed is when a patient becomes injured.
The most common way that injured patients are compensated is to examine the relationship between a negligent medical practitioner and the adverse health effects. There are very few countries that have no-fault torts where medical injuries are paid for by tax payers.
False: You Can Sue Over Any Injury
The injury needs to be considered preventable. For example, many medical procedures come with unavoidable potential complications arising from the procedure, and you will probably not win the case if you seek compensation for such injuries. One of the most common mistakes is when a patient undergoes the wrong surgery. Another common mistake is when one patient is confused for another and a patient is given a treatment meant for another patient.
False: A Doctor Must Treat You to Cause an Injury
Sometimes, the form of malpractice is simply a failure to treat. For example, if your doctor should have identified a condition based on your symptoms, but failed to do so or failed to perform the proper tests, you may sue for your injuries. Also, if your doctor improperly diagnoses you, this can also be the grounds for a lawsuit. Your doctor is also expected to keep up with the latest methods for testing a patient.
False: Surgery-Related Errors Are Sometimes Unavoidable
With surgeries, a surgeon is expected to be properly trained and to perform the surgery with a certain degree of dexterity. If the surgeon does not perform to acceptable standards and you are injured as a result, this can lead to a medical malpractice case.
False: Most Cases Are Frivolous
There is a common misconception that many medical malpractice cases are frivolous, but most cases of medical malpractice are found to have merit. For this reason, you shouldn't assume that you must pay for your medical bills yourself.
Instead, make sure to contact a personal injury attorney, like those at Drivon Turner & Waters PLC. He or she will perform the research necessary to uncover any errors that may have occurred and will also find an expert witness who can attest to the medical mistakes that were made.