UNDERSTANDING MEDICAL MALPRACTICE

The legal system is our society's way to compensate someone injured as a result of medical malpractice. All medical procedures, even child birth, have inherent risks, some of which just cannot be avoided. Medicine is not an exact science, and a bad or unfortunate result does not mean there was medical malpractice. However, doctors and hospitals are responsible for their actions like every member of society.
Medical malpractice occurs when a negligent act is committed by a doctor, hospital, nurse, or other health care provider. In order to make a claim for medical malpractice, there must have been a departure from an accepted custom or practice which caused injury or damage. Thus, two important elements must exist before an injured person can file a lawsuit alleging medical malpractice. They are as follows:
1)The medical professional or hospital departed from(or failed to follow) the standard of care that existed for treating or diagnosing the patient's condition.
2)The patient was injured, and that injury would not have occured had the standard of care been followed We call this element "causation". A medical malpractice action can be based on a failure to obtain the patient's informed consent to perform a procedure or operation. Many states have laws which dictate what informed consent entails. It is required that you are informed of the known risks and benefits of the procedure, as well as available alternatives. Your consent is required for most invasive procedures, tests and operations.
WHAT SHOULD I DO IF I THINK MY CHILD WAS INJURED AS A RESULT OF MEDICAL MALPRACTICE? If you suspect medical malpractice, it is prudent to consult an attorney as soon as possible. The attorneys at the "Why Did It Happen to My Child?" program provide an initial review free of charge. If it is determined that you have a viable claim, your case is then handled on a contingency fee basis.
A contingency is an arrangement between the attorney and client that states that the attorney can only receive compensation if there is a financial recovery. This arrangement means that the client does not pay attorney's fees while pursuing the claim. Instead, the attorney is paid a percentage of any award or settlement. This type of fee arrangement is made in writing and specifies what percentage of the financial award or settlement is to be paid to the attorney. The maximum percentage is often set by law. The statute of limitations is the time period within which a lawsuit must be commenced. Every state has a statutory time period and these periods vary greatly from state to state. There is often a longer period of time allowed for children. It you suspect that you have a legal claim, it is wise to consult an attorney as soon as possible to be certain that your action is brought within the necessary time period.


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