Introduction to Medical Malpractice
In the U.S., medical malpractice is a serious issue impacting numerous patients and medical professionals. This legal manipulative system occurs when a professional in the healthcare industry neglects their duties and responsibilities to provide adequate care to a patient in need or puts a patient in harm’s way. This article seeks to cover the finer details of medical malpractice, its intricate relationship with medical record reviews, and the complexities that case strategizing these matters of malpractice.
What is Medical Malpractice?
Definition and Overview
- Medical Malpractice: this term depicts the legal negligence associated with the health care system, marked with below the standard treatment for patients due to carelessness of the specialized professional leading the health care provisions.
- Some of the most prevalent types of malpractice include the following:
- Wrongful diagnosis along with unrecognized prolong diagnosis
- Surgical process negligence
- Wrong dispensation of drugs
- Injuries of a child during childbirth
- Carelessness while administering anaesthesia
Key Statistics
- National Institutes of Health shows that medical failures are the third most prevalent reason in mortality cases in the States leading the death of above 250,000 people in one year.
- A research carried out by the Journal of Patient Safety estimates malpractice payments and compensations will cost around $55 billion yearly to the health care system.
The Impact of Medical Record Review in Malpractice Cases
The Importance of Medical Records
• Primary Evidence: Medical records are the primary documentation needed to prove malpractice claims including the patients’ medical history, diagnosis, treatment, and all care rendered.
• Necessary Degree: Medical expert qualified for any malpractice case must carefully review all relevant medical records to ascertain whether there is a failure of oversight as per accepted norms.
How We Help Attorneys
• One Stop Review Services: The attorneys are assisted through our medical records review service by:
• Providing analysis of medical records for any discrepancies and inaccuracies
• Rendering standard of care expert opinions
• Creating litigation reports for use in court.
Most Frequently Encountered Hurdles in Medical Malpractice Cases
Determining Negligence
• Standard of Care: Determination of breach of the standard of care needed is difficult indeed; it requires the presence of an expert witness.
• Causation: Often times proving negligence caused the patient’s injury is one of the major obstacles.
Understanding Regulatory Conditions
• Pre-filing A Claim Orders: Some states like Florida have specific pre-suit protocols for filing a claim. For example, it is mandatory to obtain a medical expert’s report prior to filing the suit.
Techniques for Success in Medical Malpractice Claim
Making Your Case
• Evidence Collection: Medical files, expert testimonies, and witnesses should always be accounted for.
• Expert Testimony: Hire relevant medical professionals who can testify regarding the standard of care and its violation.
Effective Communication with Clients
• Client Education: Educate the clients about the steps, possible results, and why it is imperative to comply with medical directions during their care.
• Regular Updates: Build confidence in clients by providing them with regular reports regarding their matter and being as transparent as possible.
Case Studies
Case Study 1: Surgical Error
Overview of the Case: A patient developed some serious complications following what was supposed to be a routine appendectomy owing to surgical error.
Challenges:
• To show how the surgeon failed to follow the surgical deviation protocol.
• Causation proving complications were a result of the mistake.
Solutions:
• Conducted a comprehensive audit of the surgical records and interviewed surgical personnel who were experts in that field.
• Argued strongly and conclusively about the negligent proposition presented.
Case Study 2: Misdiagnosis
Overview of the Case: A less severe condition was diagnosed by the doctor resulting in the patient delaying the correct treatment for cancer until much later.
Challenges:
• Demonstrating the misdiagnosis’s impact on the patient’s prognosis.
• Defeating the defense’s claim of the paradoxical nature of the diagnosis.
Solutions:
• Analyzed the patient’s file with the aid of oncologists to establish the accepted standard of care.
• Showed how prompt action could have greatly changed the patient’s outcome for the better.
Conclusion
Navigating medical malpractice law is multifaceted and requires attention to both legal and medical practices. Lawyers can strengthen their cases by utilizing thorough medical records review services and advocating for their clients more efficiently.
