What Constitutes a Strong Medical Malpractice Case?

Some people think that they have a strong medical malpractice case and are surprised when they discover they do not. Medical malpractice lawyers usually screen each case individually and only accept those that qualify. Often the attorney will go through the evidence with a physician that will claim that the case has merit. Sometimes lawyers can tell if the case is solid from just speaking with the client but it is very important that the courts are not bogged down with second rate cases that are not worthy of a judges time. True medical malpractice consists of negligent conduct that causes damage. Theoretically, if the conduct has not caused injury it is not a matter for the legal system.

Even if there is malpractice, there also has to be residual damage too. These cases are often decided by juries who have very little interest in anything other than seeing proof of permanent injury. Negligence by a medical professional can include an error in diagnosis, treatment, or illness management. If such negligence results in injury to a patient, a legal case for medical malpractice can arise against the doctor, a hospital, and local state or federal agencies that operate hospital facilities.

Medical malpractice laws are designed to protect patients' rights to pursue compensation if they are injured as a result of negligence. However, malpractice suits are often complex and costly to win. Medical malpractice actions are extremely complicated to pursue. The insurance companies which handle the claims on behalf of the physicians and other medical professionals are very aggressive in defending claims against the physicians and hospitals they insure. The government directly and indirectly (through the tort system) regulates the healthcare system.

Medical malpractice can occur in many forms but it has to be solid. This can include 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).

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. It is likely that those numbers are higher but these are what are left after the bad apples have been weeded out.

Please contact us if you or a loved one was a victim of medical malpractice.