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Punitive Damages in Medical Malpractice Cases

Not all patients who file medical malpractice lawsuits are successful in their goal of being compensated by the health care provider in the proper amount that they want. The reasons are not all those who file complaints are able to prove negligence on the part of the doctor, nurse or health care facility and the courts limit the amount of damages awarded to malpractice victims. Courts are very meticulous when it comes to analyzing evidence and they require the presentation of strong and concrete evidence for every case they handle.

What happens then to patients who feel they were deprived of their right to safe and proper health care? The court can grant punitive damages which are non economic in nature apart from the compensatory damages award. However, these are only allowed in cases where the plaintiff can provide clear proof of misconduct by the health care provider involved. In other words, the plaintiff needs to establish that there was indeed an intention to cause harm or the defendant was reckless in its duty to provide safety to patients.

If you’re a patient who felt neglected while undergoing treatment in a hospital or were not given the proper medical care you were seeking during an emergency, you can consult a medical malpractice lawyer to help you understand this matter. An attorney whose specialization is in handling medical cases will be able to assist you in the legal process should you decide to file a lawsuit.

The goal of punitive damages is mainly to encourage reform notably in the behavior of the defendant and prevent the occurrence of the same mistake in the future. No monetary compensation will be granted in this case unlike those seeking compensatory damages.

Additionally, the court may decide to carry out punitive damages in cases where compensatory damages may not be a sufficient solution to the misconduct done by the defendant and to the personal injury suffered by the plaintiff. Courts can punish the health provider to discourage the repeat of the same misbehavior and this can be done through the granting of punitive damages.

Laws governing punitive damages vary from one state to another. States that allow this type of damages in medical malpractice cases usually set a limit to the amount of claims that can be awarded. Many states also set a high standard for the granting of punitive damages.

Florida is one state that has a comprehensive medical malpractice bill in place. The bill provides for the implementation of reform measures such as requiring hospitals and physicians to adopt patient safety plans and inform patients when they are injured, allowing insurance firms to study malpractice cases and offer settlements, allowing the state to suspend the license of doctors who fail to pay damage awards within 30 days and requiring doctors, hospitals and insurers to provide the state with information on premium rates, medical errors and malpractice cases.

If you or a loved one becomes a victim of malpractice, the first step to take is to consult with a reputable lawyer. Cooperation and constant communication are vital to be able to file the necessary lawsuit within the allowable statute of limitations.

For information on medical malpractice attorneys, visit Gallagher Law Firm, Louisiana lawyers and attorneys who specialize in personal injury, car and truck accidents, divorce, maritime law and more.

Medical Malpractice Cases ? How to Deter Against Ever Increasing Medical Errors!

Physicians who accept responsibility for treatment decisions are accountable for their medical practice errors.

The truth is this: Most of us inherently trust doctors and physicians to keep our best interest in mind and to have the ability to safely help us. This trust may not always be founded, but it’s a deeply rooted part of our culture, and even if we get butterflies before a major operation, our logic still tells us that we’re going to come out fine on the other side.

When that isn’t the case, medical malpractice can really damage our psyche and give us a deep fear of medical attention of any kind. In many cases, that is just the beginning of what happens to our psyche.

Every year medical malpractice cases in America’s most advanced cities like New York, Chicago and California, causing at least 27,000 injuries and 7,000 deaths. Eight times as many patients are injured as ever file a claim, and 16 times as many suffer injuries as ever receive any compensation. At the highest level, the estimated number of medical injuries nationally is more than one million per year; approximately 85,000 malpractice suits are filed annually.

To deter against the medical malpractice cases and these frightening facts and figures from the most developed country of the world, we need to know about what medical malpractice is all about.

What Is Medical Malpractice?

Medical malpractice cases occur when a healthcare provider fails to exercise that degree of care and skill required by a patient. If these standards are not followed, malpractice may have occurred. Medical malpractice can be generally defined as substandard treatment by a physician or other healthcare professional that directly results in physical or economic damages to the patient. “Substandard” care refers to care that violates normal medical practices.

Five Most Common and Most Frightening Effects of Medical Malpractice Cases

There are many different outcomes in medical malpractice cases, but here are some common after-effects of medical malpractice and a medical negligence.

1. Pain and Suffering

The foremost and obvious effect of having something go wrong in a simplest of medical treatment to the major operation is the pain and suffering of the injured.  

2. Disability or Deformity

In many severe medical malpractice cases, a patient may end up disabled or deformed as a result of medical malpractice, causing a disadvantage for the rest of their life, affecting their ability to work and do pretty much anything else.

3. Emotional Stress and Mental Fatigue

One of the deepest extents of any medical malpractice case brings to a person in a situation of emotional stress caused by the negligence of a doctor or a medical practitioner. Even a temporary situation can result in shock and complete re-evaluation of what we can expect from the society around us.

4. Financial Miseries

Medical malpractice negligence happening can become a very expensive issue for the patient. Because it might not only increase the time of recovery from the scratch but also skyrocket the cost of medical attention and most importantly the financial loss due to unemployment.

5. Death

Almost 98,000 people die in hospitals annually each year due to medical malpractice cases. Whether from the wrong medication or something more sinister, these things do happen.

Two Basic Reasons of Increasing Medical Malpractice Cases

Medical inflation is the most important reason that has triggered the medical malpractice cases all around the world from the most developed countries to the countries of the third world. The first reason which halts me up is that the expenses are the biggest and the most predictable part of damages in the high severity cases that drive medical malpractice payments in individual cases to increase at a rate that is closer to the rate of medical inflation than to rate of inflation in the other areas.

Second reason which daunts out expressively is that the health-care sector economy is growing more rapidly than the economy as a whole. Malpractice payments can be expected to grow at about the same rate as the size of health-care sector of the economy and as fast as medical prices. This is in-fact what the research has proved in recent years.

Concluding Comments

•  In principle, a negligence rule of liability against medical malpractice cases can correct these distortions and create incentives for efficient care and risk-taking, under certain conditions. These conditions include that courts set the standard of due care at the efficient level, that damages be optimally set, that providers be liable for failure to obtain informed consent, and that suits be brought and compensation awarded if and only if negligence occurs.

•  Efficient deterrence incentives can, in theory, also be achieved by a rule of strict liability, whereby providers are liable for all injuries caused by medical care, regardless of negligence.

•  Adjusting for medical inflation helps prevent us from mistaking in medical procedures and also a major decrease in medical malpractice cases can be expected.

•  The second thing which can be done to cut the maximizing rate of medical malpractice cases is that to increase the liability, like if a doctor or medical practitioner malpractices, he or she should be arrested and punished to the maximum prison sentence. And if the felony has reached up to death of a patient then the medical practitioner must be treated as the criminal murderer‘s are treated in the judgment court because the human life is more precious than anything.  

•  Committing to implement these standards we can deter those medical practitioner or doctors who are ever been involved in such activities but can also retaliate aggressively against the increasing amount of medical negligence and medical malpractice cases.

Muhammad Saad Khan is a Research Analyst at Q2 Group. Q2 is specialized in medical credentialing, primary source verification, and medical license verification according to the standards of joint commission international. For more about medical malpractice cases, please visit http://medicallicenseverification.com

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Understanding Medical Malpractice Cases

Physicians and surgeons are vital to the functioning of a country’s people and health care system. They are the link that holds public health together.

However, due to the increase of surgeries and illnesses, there are a greater number of patients who claim that they have been treated with negligence. Anyone that is a practicing physician is required to have some form of professional liability insurance to guard against these claims.

These offset most of the risks and costs of lawsuits that are filed against professionals. Medical malpractice is a very interesting type of case.

It is always the mission of an honorable medical professional to take care of their patients and help them to become healthy once again. However, there are often accidents or situations that elicit a case.

Wrongfully diagnosing a patient can lead to medical malpractice lawsuits. For instance, if a doctor diagnoses a patient as having an illness that is less serious than one that they really have and they do not receive adequate treatment for a cure, it could mean trouble for the physician.

The opposite is also true; if a patient is treated for a disease that they do not have, and they receive damaging surgeries and medication, the doctor is liable. These cases are unfortunate and happen more often than they should.

They are especially traumatic if the individual experiences damage, disability, financial loss, unemployment, or death. Many common complaints have a likelihood of turning into malpractice cases.

Some of these include chest pain, abdominal pain, breast lumps, coughing, and bleeding. All of the symptoms are basic ones that lead to more serious illnesses, like breast cancer, appendicitis, or a heart attack.

When a doctor is involved in this type of situation, it is necessary that they find help from an attorney immediately. They will be able to direct them in the process and help them to make use of their liability insurance.

It is best to find a lawyer that specializes in medical malpractice, because they will be most adequate in deciding what must be done to win the case and clear the individual’s name. Those that find themselves in need of a personal injury lawyer should research online or ask friends and family for recommendations.

Individuals that have received new symptoms after a treatment are usually not able to file a lawsuit such as this, because it could be related to a number of different things. Usually, the underlying medical condition must be the cause of the specific symptom that has been noticed and recorded.

Chronic symptoms of a sickness can also be grounds for a case, especially if they are damaging or disabling. The negligence of a professional could have caused them.

Post-surgical pain would be considered a chronic pain. If it was newly developed after receiving surgery and the patient had never experienced it before, they may be able to receive compensation.

This is especially true if there is proof that the procedure caused the pain and if the problems that they are currently experiencing are worse than what they were being treated for before. If the symptom prevents you from being able to hold an occupation and earn an income, there is a possible that you will be able to receive a monetary allowance or retribution.

Chronic pain, back pain, and overpowering fatigue are all issues that can be brought on after a surgery; if these issues do not heal or stop within a certain amount of time, then you may find it difficult to go on with your regular routine. This may warrant a malpractice case, so get in touch with a lawyer and ask about the type of compensation you could possible receive.

Situations like these are never easy or come without consequences. Even if you file a lawsuit and receive payments back, you will still have to pay the professional that assisted you and take care of fees that you may have incurred.

Medical malpractice is one type of suit that should not be taken lightly; if you are not experiencing any damaging issues or pain, but simply feel that the doctor that treated you could have made a mistake, see that person individually or get a second opinion from another professional. You can learn more about these types of situations by researching online or consulting with an attorney that specializes in them.

Tom Selwick has been working with personal injury law in Arizona for the past 10 years. He has written hundreds of articles dealing with the subject. He recommends this Arizona Medical Malpractice Attorney.

Contact Info:
Tom Selwick
[email protected]
http://www.toblerlaw.com

The Serious Thing About Medical Malpractice Cases

It is indeed quite depressing every time we lose some we love due to accidents and severe diseases. We feel more responsible to their death because we often blame ourselves. Although the death of a person is beyond our control we still blatantly know that we still do something to save their lives. Most of us entrust our Medical to different nurses and doctors. They are actually the ones assigned to help us with our problems with our health.
However there are also several cases wherein the hospitals and emergency rooms became the cause of death of several patients. Since most of the family members are hoping that their loved ones are all in good hands they often give their trust to those medical staffs and experts. It is because they have been trained to perform their duties and tasks well.
Medical staffs such as surgeon, doctors and nurses have gained the trust of several people because of the degree that they managed to obtain. Every individual in this world is already convinced that they are the ones who can help them when it comes to their health since it is really serious and difficult to become a nurse or perhaps a doctor. Most of the people expect them to save the lives of their loved ones and give them cure or treatments with their diseases. There are even some individuals who are very amazed and thankful to their doctors because they believe that without them they can no longer survive and continue to live a normal life.
On the other hand it is also true that several patients became the victims of medical malpractice. Medical-Malpractice is considered as a crime by some lawyers. It often occurs when the nurse or even the doctor did something wrong during the operation or treatment of a certain disease. It could be in terms of prescribing medicines for the patient or performing an inappropriate operation that may endanger the life of the patient.
Medical malpractice becomes a very serious case when the life of the patient becomes critical. The family or relatives of the patient may sue the doctor or the nurse who perform such inappropriate action towards the patient. The degree of penalty that will be imposed to those who are involved in any medical malpractice case will depend on the damage that they managed to create. Some of them may lose their license as a nurse or a medical doctor.
Generally, lawyers often advise their clients to file the case of medical malpractice against the doctor who did it to them immediately. Since there is a certain period of time allotted for the case to be valid, it must be filed immediately. You must be very responsive in terms of filing a case against the person you want to sue because you are only given a short period of time to file a formal complaint. Nevertheless Medical-Malpractice-Lawyers can be prevented my different means, such as being vigilant in monitoring the health of your loved ones.

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