Medical practice Negligence Compensation is awarded when doctors, hospitals and other health care providers make errors that negatively impact the patient. Such incidents include misdiagnosis, surgical mistakes and adverse drug events (ADEs).
In a legal case, there are two parties: the plaintiff and the defendant. The plaintiff is the person bringing the lawsuit, which can be the injured patient, a legally designated person acting on their behalf or, if the patient died, the executor or administrator of the estate. The defendant is the health care provider who is being sued. The defendant can be any doctor, nurse, therapist or other health care provider. The medical negligence that led to the claim may have happened during a hospital stay, but it could also happen outside the hospital. For a case to be viable, the health care provider must have deviated from the expected standard of practice and that deviation directly caused injuries to the patient. The injury must be measurable and calculable.
The damages suffered by a victim of malpractice can vary widely depending on the extent and severity of their injuries. Some examples of damage are physical pain and suffering, emotional anguish, and loss of quality of life. Physical pain and suffering can include anything from amputation to scarring, while emotional anguish can be post-traumatic stress disorder or suicidal depression. Loss of quality of life can include an inability to exercise, work, sleep or maintain relationships.
Unfortunately, the health care system is plagued with medical errors. While many of these are preventable, they still occur. While some of the blame for this can be placed on the pressures of the insurance industry, the vast majority of errors are due to human error. Currently, few patients who are harmed by clinical malpractice file claims, and those who do receive compensation have to wait an average of three years. In addition, the threat of malpractice litigation has a chilling effect on physicians’ willingness to admit that an error occurred, leading to missed opportunities for improvement.
The current Santa Cruz Medical Practice Negligence Compensation system needs to be reformed to make it fairer for victims and more effective for health care providers. Alternative dispute resolution models that encourage physicians to be open about their errors while compensating those who have been harmed strike the right balance between patient rights and the need for clinicians to engage in continuous quality improvement.
If you believe you have been a victim of medical malpractice, seek the advice of an experienced attorney as soon as possible. A thorough evaluation of the medical records, expert opinions and other evidence will help determine the validity of your claim. It is important to document your losses, including future lost income, as well as any physical or emotional anguish you have experienced. Continuing any recommended follow-up care can also help to link your injuries to the negligent health care provider and strengthen your case for compensation. This will help prevent the liable party’s representatives from arguing that your health complications were made worse because you didn’t get the care you needed.