You go to clinics or hospitals to receive the care that you need during times that you have been ill or when you need medical attention badly. Doctors, nurses, and other medical practitioners have the responsibility to take care of you and save you from death. However, some people get unlucky, as some medical practitioners fail to give the necessary standard of care that a patient needs. This leads to various injuries and even death. Legally, this is what medical malpractice is all about. According to medical malpractice lawyers, this is the failure of a licensed medical practitioner to provide the necessary treatment to patients which results in further injuries or loss of lives.
A proof of the declining state of medical care services in the country?
A California medical malpractice attorney pointed out that statistics reveal 195,000 deaths are recorded each year as a result of medical errors in the United States. Studies also reveal that 1.14 million incidents of patient-safety issues for hospitalizations in the Medicare population are recorded for 2000-2002. Moreover, the hospital costs caused by such errors add up to a staggering $324 million in October 2008 alone. Because of this, medical malpractice lawyers in California and around the country have represented their 15,000 to 19,000 clients every year.
What constitutes an act of medical malpractice?
A medical malpractice law firm in California explains that complainants must need to prove the following points to come up with a successful medical malpractice claim:
- That there is a legal duty for medical practitioners when they take care of a patient.
- The person responsible has breached that by failing to provide the needed standard care.
- The breach made by the responsible party was the direct and proximate cause of the injury that the victim has sustained.
- Damage. This includes the losses that can be pecuniary or emotional. Without damage, a person has no basis to make a medical malpractice claim even though the medical practitioner has been negligent in their duty.
California medical malpractice lawyers say that if a victim has been able to prove those points, he or she improves her chances of receiving damages from the negligent party.
As mentioned earlier, the victim may receive compensatory and punitive damages from the erring medical practitioner. Compensatory damages can be economic or non-economic. Economic compensatory damages include the victim’s financial losses like lost wages, medical expenses, and life care expenses. The assessment of these economic compensatory damages depends on the past and possible future losses that the victim may incur. On the other hand, non-economic damages are assessed for the injury itself. It could be the loss of vision, a limb or organ, the reduced enjoyment of life due to a disability or loss of a loved one, severe pain, and emotional distress. In the event of reckless conduct by the medical practitioners, victims are entitled to receive punitive damages. Given this rather technical nature of how damages are calculated, one will need the assistance of California medical malpractice attorneys to determine the exact value of the damages one can potential receive.
Statutes in filing a medical malpractice claim
Like any type of personal injury claims, there are statutes where a limited time is set for when a medical malpractice claim can be filed. Each state implement different statutes as far as medical malpractice claims are concerned. Only medical malpractice attorneys in California better understand these statutes. That is why you need the help of these lawyers in filing medical malpractice claims.
Seeking the help of good lawyers
Dealing with the pain and suffering brought about by the injuries incurred by one person or the loss of lives of a loved one is a very difficult thing to do. That is why you have to make sure that you run after those individuals responsible for this unfortunate event that happened to you or your loved one. Getting the best lawyers possible can be a great way to help you in achieving that goal. However, any lawyer just won’t do. Hiring the services of the best medical malpractice law firm in California helps you get closer into that goal of seeking justice for yourself and your loved one.
Everybody deserves to get the best medical care from practitioners wherever one may be. It is nice to know that through a medical malpractice claim, you get a legal remedy if you ever become a victim of one. Moreover, medical practitioners will be compelled to give the best possible care for anybody who needs it, which should be the case in the first place.