A doctor’s malpractice is the negligence by a health care provider, which usually results in injury or death in a patient. When we go to the doctor, we are putting our trust in the doctor because they have been trained to do his or her job efficiently. It seems more than ever before that we are experiencing more medical malpractice cases against doctors.
Studies show that 98,000 deaths occur due to errors of doctors, which leads to malpractice lawsuits. A lot of doctors’ malpractice lawsuits can drag on for years. Just like any other claims taken before the judicial system, you must have all the facts, findings and you also have the burden of proof.
Most cases are handled out of court if the doctor’s lawyers have determined that you have a valid case, which is done primarily to avoid the intense negative publicity that a court case would generate. Others are presented in front of judge and jury. Usually when cases are handled out of court, either the defendant thinks it’s in the best interest to get the case resolved or the plaintiff has been ill-advised by their attorney.
Most patients seek damages called compensatory, which is for their lost wages or psychological, usually called pain and suffering. Patients could also receive punitive damages, which is for the recklessness caused by the doctor. So even if you signed a waiver at your doctor’s office, that doesn’t completely let him off the hook if he is negligent.
There is a statue of limitation in which a malpractice law suit can be filed. Outpatient service has more malpractice suits than in a primary setting. Errors and deaths are much higher in outpatient service due to misdiagnosis. People usually associate medical malpractice to a MD, but DDS or dentist is also subject to malpractice. For example, a misdiagnosis could be considered as the pulling of the wrong tooth, and can cause the dentist being sued for malpractice. Two of the most severe case that have a dentist in the court room are too much anesthesia, which have led to patient deaths and in some cases the dentist raping his patient. All patients believe that he or she is in a safe environment at the doctor’s office, but these types of activities happen more that what people realize.
Doctor malpractice just doesn’t stop with them, the same lawyer who represents you in a medical malpractice, may have caused malpractice against you as well. He or she may have breached their obligation to you, and that error has caused you damages.
