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Malpractice Suits against Doctors

Kundan Pandey Nov 4, 2018
In the recent years, cases of malpractice suits have risen drastically. Look at why such trends have been increasing and what the doctors can do about it.
Increasing incidents of medical malpractices in US have led to the general belief that the health care system lacks dedicated and disciplined medical experts. Before directly blaming medical fraternity for the exponential rise of lawsuits against doctors, we must take a look at the prevailing scenario.
It is a fact that most of the lawsuit cases are just filed for the purpose of earning money by people with wrong intentions. The court has established strict rules, norms and regulations to ensure that only valid cases of medical malpractice reach the court.
Amidst all this, health insurance companies have been reaping rich dividends by introducing excellent insurance schemes for patients. On the other hand, surgeons and doctors are not leaving any stone unturned to avail facilities of the best malpractice insurance available in the market.

Worrying Statistics of Medical Malpractice in the US

Doctors are compared to God because they have the ability to help a patient survive, even in extremely difficult situations. However, the number of deaths, injuries and infections caused due to medical malpractices present before us an altogether different picture. It is difficult to believe that doctors make mistakes intentionally.
But even if they are being negligent, it is tantamount to 'intentional mistake' because the very foundation of medical profession requires doctors to be careful in their efforts of patient care.
A significant reason for pathetic situation of malpractices is the increasing pressure on hospital staff. Surgeons and highly qualified medical experts have an extremely hectic schedule and they have to juggle between lots of priorities.
Many people also blame the hospital management for the mistakes committed by the hospital staff. It is said that health care units face shortage of well qualified and trained nurses that eventually hampers the quality of patient care.
Doctors and medical associations have their own opinions regarding medical malpractice cases against doctors. Some experts do admit that hospitals need to be more careful in handling patients, many believe that, patients and their families interfere in the treatment plan or the patients don't follow the prescriptions carefully, making matters worse.

Requirements for Malpractice Lawsuits Against Doctors

There is a proper procedure for filing lawsuits against doctors. If a patient is claiming for malpractice, he or she must prove to the court that the medical administration or the doctor failed to fulfill the duties that they owed to the plaintiff (patient). Just because a treatment failed, it doesn't amount to a malpractice case.
The plaintiff must be able to prove that due to the failed treatment, he or she suffered injuries. The duty of defendant (doctor) as he owes to the plaintiff (patient) has a minimum standard. The defendant must be able to provide basic patient care, irrespective of the fact that the patient was treated in an urban town or in a rural area.
If the hospital administration is admitting the patient in their hospital, it is their professional and moral duty to provide the best possible treatment. The plaintiff is expected to give sufficient evidence to the court that the breach of duty by the defendant was due to negligence or carelessness.
Had the doctor been careful or if there was a more competent medical expert, the patient would not have suffered losses - this is what the plaintiff needs to explain to the court. There are some other intricacies related to lawsuits and that is why the need of competent and experienced attorneys is vital.
For filing malpractice suits against doctors, you must take the help of an attorney. You will have to mention everything in detail, in writing, without leaving any vital matter in the case. If you hire an attorney, he or she will be able to help you in handling the case more effectively.
It's not easy to win a medical malpractice case but if you are genuine and you have been harmed, you must fight for your rights. Practically, lawyers and doctors negotiate the case outside because both sides will eventually end up losing money if they stick to the case. In case of negotiation, you must ensure that your losses are covered to some extent.