No one likes or would even think of the idea of a medical mistake or negligence occurring when they are the ones receiving the medical care or worse dealing with court cases and medical malpractice lawyers Toronto. But the reality is that medical negligence is currently the 3rd leading cause of death in America, a study done by the Journal of American Medical Association.
The best and simplest way that you can help protect yourself against these types of injuries is by seeking education on the medical malpractice subject and becoming also known when the medical practitioner is not properly handling you. Here are some medical malpractice facts that you are better off knowing before you seek any medical attention.
1. The legal definition of a medical malpractice
This is an act or omission of a medical practice by a physician or any other healthcare provider during medical treatment of a patient, which deviates from the normally accepted norms of medical practice in the medical community which causes an injury to the patient. This can be as a result of what the healthcare provider should and or shouldn’t have done when providing medical services and attention to the patient which led to the injuries suffered by the patient.
2. What is the length of time that you can determine if you are a victim of a medical malpractice?
As a patient, you need to realize that just experiencing some bad outcomes after going through a medical procedure doesn’t qualify as proof of negligence. In most cases, you find physicians claiming that you might have experienced the negligent medical care from some other previous case. But there are other situations where the healthcare provider can admit to the negligence case and accept the fault.
3. Is there any statute of limitations?
Yes. There is, and if, in any case, you decide to file a lawsuit, you must do so within the stipulated period or else you will be permanently barred from filing any further claims about the medical malpractice case. The statute of limitations also varies from one state to another as each state also has its different procedural requirements which have to be met before the medical malpractice claim is even filed.
4. What to do if you suspect negligent care
The first thing you should do is contact an experienced and qualified medical malpractice attorney who will guide you through the whole process. And the attorney should advise you on how to go about the rest of the situation.
5. How to avoid falling victim to a medical malpractice injury?
The best chance you have of avoiding and medical malpractice injury is to become your very own health care advocate. Be proactive about your healthcare and monitor the health care provider even as he/she provides you the necessary medical attention that you need.
6. Have there been any shifts in the perception of medical malpractices?
Well, for one, the perception of ‘lawsuits gone wild’ still exists despite the fact that there is a significant decline in the number of medical malpractice claims. Many states have also revised the limits to the damage awards offered to the plaintiffs.
7. The reason behind why some legitimate medical malpractice cases go unexplored
Many medical malpractice cases usually end up being unexplored simply because the patients and or victims of the cases don’t pursue the cases. And most of the time you find that it is because most of the patients don’t know who to go to for help or assistance.
8. Is it true that some medical procedures are always at the root of these medical malpractice suits?
The answer here is a simple YES! You realize that the most common medical malpractice cases occur from medication or diagnostic errors.
9. How long can a case involving a medical malpractice on trial last?
It usually depends on the complexity of the case. Some cases can take months while others can even go on for several years before they are settled.