- Medical Malpractice Cases in Doctors’ Office
- July 18, 2011 | Author: Rodney Mesriani
- Law Firm: Mesriani Law Group A Professional Law Corporation - Santa Monica Office
It is obvious that majority of the people think that hospitals are more expected to have medical malpractice cases than doctors’ offices, but according to a published study in June 2011, both are equally likely to be sued for medical negligence.
Statistics of National Practitioner Data Bank show that about 50 percent of medical malpractice settlements involved patients who were attended outside the hospital setting. After examination of 2009 data, researchers found out that almost 11,000 medical malpractice cases and half of those took place in the hospitals, the other half in doctors’ offices.
The study noted that high-technology diagnostic and medical methods are increasingly performed outside the hospital setting, therefore, medical errors becomes reasonably prevalent.
Experiencing medical malpractice is a life-changing and devastating ordeal. In legal sense, medical malpractice is considered as negligence, it is a failure to act in the same way another physician or medical professional would do under the same circumstances. Victims who experience such incident can file a suit against the medical the medical provider or the institution.
Here are the first steps on how to file a medical malpractice claim:
1. Acquire a medical assessment from a reliable physician who will detail the injury you suffered from the alleged medical malpractice.
2. Contact a medical malpractice lawyer to help you assessing your case.
3. Make a demand letter to the health care provider you believe caused the malpractice.
4. Accomplish in the demand letter the details surrounding your allegation of malpractice
5. Get a standard petition form from your county court clerk. If the health care provider does not respond positively to your requests, filling a suit is a necessary.
6. Specify the injuries and damages you went through, include the medical bills, lost wages, future medical expenses.
7. File the petition to the court clerk, and request that the sheriff serve the petition to the health care provider you are suing.
Judges weigh the accustomed practices of other health care providers in the same industry when deciding for a medical malpractice claim. The plaintiff must prove four elements to be able to win the case:
• A duty of care existed
• A breach of the duty of care
• Injuries caused by alleged medical malpractice
• Negligence that could have been avoided by any other reasonable medical provider
Medical malpractice can be avoided if health care providers practice their profession with much caution and care. Physicians from hospitals or doctors’ office should take additional diligence towards their patients to avoid any disheartening incidents.