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Are Malpractice Cases Really On The Increase? by Jon Arnold





Article Author Biography
Are Malpractice Cases Really On The Increase? by
Article Posted: 09/29/2008
Article Views: 296
Articles Written: 781
Word Count: 600
Article Votes: 0
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Are Malpractice Cases Really On The Increase?


 
Law
With the advancement of medicine and healthcare, medical malpractice cases are also increasing in number. When a doctor or healthcare professional doesn’t diagnose or treat a patient properly, that person could be sued legally. There are many malpractice cases reported daily. Most customers file malpractice cases when they are harmed mentally, physically, and/or emotionally by some kind of erroneous diagnosis or treatment, or by sheer negligence and carelessness from the doctor’s part.

The majority of malpractice cases involves either operative malfunction or dental treatment along with emotional trauma. The lawsuit is often filed by the relatives of a dead person or by the patient himself if he is a victim to some physical or mental ordeal. The monetary settlement is the obvious claim because the improper treatment can either make the patient lose their job, or cause them to go for treatments for very long periods of time, where the end result is that the patient bleeds financially due to the high cost of long term treatment. In fact, most of the cases end up with out of court settlements since the claim could be indeed very high and if the consumer wins. The judge or the jury can fix any amount for the defendant to pay. All these are done to save the reputation of the institute and also the doctor. Take for instance the case of an 83 year old woman in 2002, where she lost her vision due to improper treatment. The doctor in question had to pay $1 million to the woman, and the case was settled within a year.

The compensation must be paid once proved guilty. Not paying the victim can make the health professional lose their practice. However, a limit has been set nowadays for the amount to be paid. But when there is a problem, a solution is always there. Medical malpractice cases can be handled by a doctor if he is insured against such cases. But the premium of these policies is very high. The medical board can make certain items mandatory for the doctors to follow, so that they save the patient from being a victim of the malpractice and also the doctor from an emotionally and financially draining experience. But when the medical board mandates a particular treatment that the doctor administers which causes injury or death to the patient, then the medical board can also be named in the lawsuit to follow.

That is why medical institutes scan their junior doctors regularly. In other words, they keep an eye on them. These institutes have enforced certain rules and practices on the doctors, so that the absolute minimum amount of error occurs on their behalf. It also makes the young doctors alert while diagnosing and prescribing treatment.

There are specialty lawyers, who represent these malpractice cases. They know how to go through the whole procedure, charter professionals to testify, draw references. And all you have to pay is sometimes a cut from the amount paid by the defendant. But if you are suing a doctor or institute for malpractice, you must be sure of the outcomes and pros of your case. An experienced malpractice lawyer can guide you through that, and will typically not even take your case if there is insufficient reason to believe that an out of court settlement would be achieved or that the case would be won if it goes to trial. For more insights and additional information about Malpractice Cases as well as finding additional resources to allow you to pursue your possible malpractice case, please visit our web site at http://www.malpracticeinfonow.com

Related Articles - malpractice cases, medical malpractice, doctor malpractice, hospital malpractice,

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