Nobody expects to have a bad experience at the hospital.
Millions of routine procedures occur daily. They happen in every hospital, every clinic, every doctor’s office across the country. And for the most part, they go fine. It’s when something goes wrong during what should have been routine treatment or surgery… that serious injury can occur.
But here’s the thing…
When patients are harmed during a routine procedure, most don’t even know they have legal options. They think these bad outcomes are just part of the cost of going to the doctor. But an unpreventable risk of surgery isn’t the same thing as doctor negligence compensation claims for actual medical errors.
Tragically, medical errors are responsible for more than 250,000 American deaths every year. That’s the third leading cause of death in the country, behind only heart disease and cancer.
If you or a loved one have been injured because of a medical mistake, you may have a clear path forward for receiving the doctor negligence compensation you deserve.
Here’s what you need to know…
What you’ll learn:
- What Is Considered a Routine Procedure Going Wrong?
- How Does Doctor Negligence Compensation Work?
- What Legal Options Do Patients Have?
- How To Build the Best Medical Negligence Claim
- Mistakes That Can Derail Your Claim
What Is Considered a Routine Procedure Going Wrong?
Before diving into legal options, it’s important to understand what constitutes a routine procedure going wrong from a legal standpoint.
Simply because a patient got hurt as a result of visiting the doctor doesn’t mean negligence occurred.
Here’s how it works:
A routine procedure is considered to have gone “wrong” if the healthcare provider breached the accepted standard of care during treatment. Essentially, they did something (or failed to do something) that another trained doctor would not have done under the same exact circumstances.
Here are some of the most common examples of routine procedures going wrong.
- Surgery errors – operating on the wrong body part, leaving surgical tools inside the patient, damaging surrounding tissue during an otherwise routine surgery.
- Medication errors – prescribing the wrong medication or dosage. Failing to recognize drug interactions that can cause serious injury.
- Anaesthesia errors – administrating too much or too little anesthesia. Leading to brain damage, comas, and even death.
- Diagnostical errors – misdiagnosis. Or failure to diagnose in a timely manner. Leading to a worsened condition that could have been avoided with early treatment.
These are the kinds of negligent errors that lead to most doctor negligence compensation claims. In fact, some studies show that diagnostic errors alone account for 32% of all medical malpractice lawsuits.
How Does Doctor Negligence Compensation Work?
Doctor negligence compensation is awarded to help patients who have been injured by preventable medical errors.
Think of it like this…
When a doctor or medical professional provides care that falls below the accepted standard, and that sub-par care causes injury to the patient. The patient is then entitled to receive compensation for those damages.
There are several forms of damage that doctor negligence compensation can cover.
- Medical expenses: Expenses related to corrective surgeries, treatments, medications, and follow-up care as a direct result of the error.
- Lost income: Income lost during recovery. As well as future earnings affected by the injury.
- Pain and suffering: Pain experienced as a direct result of the negligent care. As well as emotional suffering.
- Loss of quality of life: When an injury affects the ability to enjoy life and perform daily activities.
The total amount of compensation varies on a case-by-case basis. Severe cases involving permanent injury or wrongful death will obviously command much higher payouts.
What Legal Options Do Patients Have?
Patients who believe they were the victim of medical malpractice have a few legal options.
These are the three main options to consider:
Option 1: File a Medical Malpractice Claim
Medical malpractice claims are filed by the patient (typically through their attorney). In order for a court to rule that medical malpractice occurred, the following must be proven.
- A doctor/patient relationship existed
- The doctor or provider was negligent in some way
- Due to that negligence, the patient suffered an injury
- The injury led to measurable damages
While the process sounds simple enough, medical malpractice claims are complicated. They require expert witnesses and detailed medical records to prove malpractice actually took place.
Option 2: Settle with the Insurance Company
Medical malpractice insurance companies want to avoid going to court at all costs. It costs them money and time to litigate. And for that reason, they will often offer to pay out the policy holder’s compensation directly to the victim. Without admitting fault.
Settlement is the route that more than 96% of all doctor negligence compensation cases go.
It’s by far the quickest and least stressful way to resolve a claim. However, patients should be wary of accepting the first offer from an insurance company. Nine times out of ten, that first settlement amount will be too low.
Option 3: Take the Case To Trial
Asking a judge or jury to decide a case is certainly an option. If a fair settlement can’t be reached during negotiations, then filing a lawsuit may be the best bet.
Taking a case to trial means more time and money invested up front. Legal fees and court costs add up along the way. But if the case is won, monetary rewards can be quite large.
How To Build the Best Medical Negligence Claim
Preparing a claim correctly from the start can mean the difference between winning and losing a case.
Here are the most important factors to consider…
Get medical records as soon as possible. Request copies of all medical records that detail the procedure and events leading up to the injury. These will become crucial pieces of evidence.
Document everything. Pain levels, changes in mobility, emotional trauma. How has this negligence affected daily life? Keep a detailed record of everything and continue to do so even after the claim is resolved.
Get a second opinion. Another medical professional should evaluate the injuries and agree that negligence was the cause. This will help solidify the case.
Hire a specialist attorney immediately. Medical malpractice cases are tricky. They require working with an attorney familiar with doctor negligence compensation claims. Contacting an attorney as soon as possible allows patients to take advantage of every legal avenue available.
Keep in mind these cases are also time-sensitive. Medical malpractice claims have a limited window in which they can be filed, known as the statute of limitations. Failing to file within that time window means the ability to sue is lost forever. Taking action quickly is crucial.
Mistakes That Can Derail Your Claim
There are certain mistakes that patients make that can harm their case.
Avoid these mistakes at all costs.
Delaying the claim. The longer the wait, the harder it will be to build a solid case. Get going on a claim immediately.
Failure to follow through with treatment. Skipping checkups or not taking prescribed medications gives the defense ammunition. Prove that everything possible has been done to recover fully.
Posting on social media. Believe it or not, insurance companies pay close attention to social media accounts. They look for posts that contradict the injuries claimed. It’s best to avoid posting altogether until the case has been settled.
Accepting the first settlement offer. Insurance companies lowball victims almost every time. Just because they offer a settlement, doesn’t mean it has to be accepted. Talk to an attorney about what a fair amount looks like and negotiate from there.
Final Thoughts
Millions of routine procedures occur safely every day. However when a procedure goes wrong due to negligence, patients have options.
Doctor negligence compensation exists to ensure that patients can be restored to the best version of their life after medical errors. Take the case seriously, learn about the legal options available, and hold negligent medical providers accountable for the damage they cause.
