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What is the definition of medical
malpractice?
Medical malpractice is a broad term that
encompasses any errors that occur in a medical setting.
What are
some common medical errors that might result in a medical malpractice claim?
Medical malpractice can occur in many forms, including misdiagnosis of some
disease or condition, failure to inform the patient of the risks inherent with a
certain procedure or drug ("informed consent"), negligently performing a
procedure, and prescribing the wrong drug (either a non-effective drug, one that
the patient is allergic to, one that may harm the patient if taken with other
already prescribed drugs, or one that may harm the patient due to a preexisting
condition). Who can be held liable for medical malpractice?
Physicians, surgeons, nurses, pharmacists, technicians,
and hospitals can all be held liable for personal
injuries involving medical malpractice.
What is a medical
malpractice suit for negligence?
In order to bring a medical
malpractice suit for negligence, a person must prove that a medical professional
or entity had a duty to treat the patient in a certain manner, failed to do so,
and therefore caused that person's injury.
What is informed
consent?
Doctors are required to inform the patient of the
projected effectiveness of his or her treatment and the possibility of negative
side effects or other adverse outcomes. Before a doctor can perform a procedure,
prescribe a drug, or take any significant action, he must get the "informed
consent" of the patient.
What
percentage of hospital patients become victims of medical mistakes?
Approximately 3% of all hospital patients are victims of medical mistakes. A
1999 Recent U.S. Healthcare Industry Survey estimated that between 44,000 and
98,000 patients die each year as a result of medical errors. Of that number,
7,000 patients died as a result of prescription errors or drug dispensing
errors. How many doctors, nurses, and other hospital executives
state that they have witnessed major quality of care or medical mistakes?
95% of doctors, 89% of nurses and 82% of hospitals executives surveyed by the
Robert Wood Johnson Foundation, a U.S. Healthcare Industry survey company,
stated that they had seen major quality of care or witnessed at least some
medical mistakes during their careers.
Should I contact an
attorney if I have been the victim of medical malpractice?
Yes. It
is important for you to contact us to help you protect
your legal rights. Only a licensed attorney can evaluate whether you have a case
that is worth pursuing. Keep in mind however that there are time limits (Statute
of Limitations) which impact on your ability to bring a claim.
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