You may not realize it, but medical errors in the United States have hit a record high. Healthcare IT News reported that provider error is the third leading cause of death in the U.S., falling just behind heart disease and cancer. Medical mistakes kill more than 400,000 people every year. That’s more than 1,000 people every single day.
What these sobering statistics mean is if you have a medical procedure, you run the risk of falling victim to a medical mistake. It’s a frightening reality that every time we go in for surgery we’re gambling with our safety. According to Health Affairs, one in three Americans will experience a medical error in a hospital or clinic setting in their lifetimes.
Despite this huge public health hazard, the American Association for Justice points out that, “…corporate front groups are working hard in the U.S. Congress and state legislatures throughout the country to limit accountability and access to the civil justice system when patients are harmed or killed by medical negligence.”
Suing for Pain and Suffering
The legal system allows the families of patients who have been injured or killed by medical error to seek monetary damages for their pain and suffering. Medical malpractice breaches the implicit contract between you and your doctor. If the physician is negligent in his or her duties, the patient has the right to seek financial recompense for their pain and suffering.
If you or a loved one believes you have been a victim of a medical mistake, you have the following rights under the law:
– First, don’t delay in consulting an attorney. Most states limit the amount of time when you can file a claim under a medical malpractice lawsuit, so timing is everything in these cases.
– Your attorney will consult with you to determine if you have a case. Be as honest as possibly with your lawyer, and listen closely to their advice. You must have a viable case to have a chance at receiving financial damages.
– Third, you have the legal right to file a claim for remediation. Most states require an affidavit from a medical professional affirming that medical malpractice occurred.
– Fourth, you’ll want to leverage an attorney with extensive experience in medical malpractice, in order to increase your chances of winning.
– Fifth, pursuing a medical malpractice case is an expensive undertaking. Typically, the law firm fronts the money and is reimbursed after the case is won. These cases often do not settle out of court, instead, they go to trial.
If you believe you’ve been the victim of a medical mistake, take the following steps immediately:
– Make copies of your medical records including surgical notes and a summary of the discharge order.
– Write down what happened, with as many dates as you can remember.
As a medical malpractice law firm, our team specializes in these challenging cases. We’ve helped families like yours recover hundreds of millions of dollars.
Contact us to find out how we can help you in your search for justice as you seek to recover from medical malpractice. We’re here to help.