If you suspect that you are a victim of medical malpractice, know that you are not alone. According to the Journal of the American Medical Association (JAMA), medical negligence is not the fifth or tenth leading cause of death in the United States, it's the third, just behind heart disease and cancer – an unnerving report.
According to an article published on May 16, 2013 in Forbes, in 2012, more than $3 billion went towards medical malpractice cases, that's one payout every 43 minutes.
What is medical malpractice exactly? It occurs when a healthcare provider, such as a doctor, nurse, surgeon, or dentist delivers substandard care. When such medical negligence causes undue injury to a patient, it's called "medical malpractice."
How Medical Negligence is Determined
In order for a medical malpractice case to exist, the doctor's negligence must have caused injury or damages to the patient. Sometimes, just because someone had a bad outcome after receiving treatment, it doesn't mean that their healthcare provider was negligent.
Generally, insurance providers are motivated to quickly settle with the injured party directly, before the full extent of the patient's injuries are known. This practice benefits the insurance carrier, but it often results in an unfavorable settlement for the injured.
When an insurance company tries to settle directly with the injured, it prevents the injured patient from hiring a medical malpractice lawyer who could significantly increase the value of their claim through knowledgeable legal representation.
Since medical malpractice cases are complex, an experienced medical malpractice attorney will not agree to take on a case unless he or she feels the claims are substantial and there is enough supportive documentation and evidence to pursue a case.
If you suffered undue injuries or damages and you suspect that you received substandard care, your first step is to contact a seasoned medical malpractice attorney. After reviewing the case details and reviewing your medical records, an attorney will be able to tell you if your case is actionable.