In order for a case to qualify for a medical malpractice claim, two criteria need to be met. First, there must be an act of negligence committed by a professional health care provider whose treatment or omission of treatment departs from the standard of care met by those with similar training. Second, this negligent act must result in harm to the patient. An estimated 225,000 people die each year from some form of medical malpractice; this includes: errors with medication and misdiagnosis.
Medication errors are one of the most common forms of medical malpractice. According to the Journal of the American Medical Association, more than 106,000 patients die each year because of negative effects of their medication and over 1.5 million people suffer injuries each year from mistakes with their prescriptions. These types of injuries are a result of carelessness and are 100% avoidable.
Misdiagnosis or delayed diagnosis makes up a large percentage of medical malpractice claims. When a doctor makes an incorrect diagnosis, delays treatment, or provides no treatment at all, a patient's overall health may suffer and it can even result in death. However, an error in diagnosis by itself is not enough to sustain a medical malpractice lawsuit. The law does not hold doctors legally responsible for all diagnostic errors. Instead, patients usually must prove three things in order to prevail in a medical malpractice lawsuit:
- A doctor-patient relationship existed
- The doctor was negligent
- The doctor's negligence caused actual injury to the patient
Most medical malpractice cases hinge on the second and third elements.
If you or a loved one has suffered an injury due to medical malpractice, it is important that you call an experienced personal injury lawyer. Call Grabb & Durando. Our attorneys will fight for your rights and help ensure that you get the compensation that you deserve.