Medical malpractice is a complex area of personal injury law. That is why if you suffer an injury from a medical provider, it is imperative that you speak with a lawyer. Not only do these types of cases contain complicated language and state rules, but it is hard as an injured patient to understand how the process works, let alone the steps you must take.
To clear up some of the confusion, Gladstein Law Firm, PLLC has created a list of facts for victims of malpractice.
6 Important Facts to Know as a Victim of Malpractice
Medical malpractice is a highly complex area of the law, but that does not mean it should be confusing. There are basic facts that can help ease you into the process and even ensure you can help your attorney to the best of your ability.
Fact #1: Malpractice is the 3rd Leading Cause of Death in the United States
Sadly, medical errors are now ranking as the third leading cause of death in the United States. It is estimated that anywhere from 200,000 to as much as 400,000 errors occur that result in deaths each year. Most of these errors are not reported, and only fewer than two percent of licensed physicians have not been the subject of a malpractice claim.
Fact #2: The Legal Definition of Medical Malpractice
Medical malpractice means that the medical provider has breached the standard of care. That means that the medical provider was unreasonable under the particular circumstances, and their breach of care caused your injury. This standard is compared to what other physicians of similar backgrounds would have done and how your doctor deviated from this acceptable level.
Fact #3: Malpractice and Negligence are the Same
Malpractice is based on negligence. Anytime someone acts unreasonably or breaches the acceptable standard of care, they are being negligent.
Fact #4: Does a Bad Outcome Constitute Malpractice Automatically?
No. While adverse results are sometimes the result of malpractice, other times they are nothing more than bad outcomes. If the physician acted as they should, received informed consent, and did not breach the acceptable standard, a poor outcome may not qualify for compensation.
Fact #5: Damage Caps in Kentucky
Some states have damage caps on malpractice cases. However, the state of Kentucky does not when it comes to the non-economic damages. Kentucky does have a pure comparative fault system in place. So, if the courts find you at fault even partially for the error, you could have your damages reduced based on your percentage of fault.
Fact #6: The Length of Time for Your Case Varies
Even if you have a family member or friend whose case resolved quickly, some malpractice cases can take anywhere from months to years to resolve. Length of time can vary widely. It is best to consult with an attorney if you are concerned with how long your case might take, and what you can do for funds until you receive compensation.
Consult with a Local Lawyer
If a medical error injured you or a loved one, and you think that you might have a case for malpractice, speak with an experienced lawyer.
Attorney Seth Gladstein from Gladstein Law Firm, PLLC is here to help. He fights for his clients and holds negligent physicians accountable for their actions.
Schedule a free consultation today by calling us or request more information online.