Many people have heard the phrase “medical malpractice,” but many people understand what fully goes into it. Currently, medical negligence is the third leading cause of death in the United States, with cancer and heart disease taking the first to spots. As a patient, you can avoid becoming part of the statistic by asking questions and doing more research on what the doctor wants you to go through.

Unfortunately, sometimes things do happen even when you have read everything you need to. Understanding medical malpractice is all you can do in this case. At Balkin Law, we’re here for you. Below are 10 things you should know about medical malpractice.

  1. What is medical malpractice?
    Medical malpractice is when a healthcare provider doesn’t issue the standard level of care, such as diagnosing a disease wrong or acting negligently.
  2. How do you determine a medical malpractice lawsuit?
    Malpractice claims happen when a healthcare provider’s negligence causes injury or death. However, this doesn’t mean that all bad medical outcomes are medical malpractice.
  3. Are there limitations to a medical malpractice case?
    You might me limited on the damages you can collect, but this is determined by the case and negligence. If the injuries or damages were not severe, you would not collect as much as a person who was permanently disabled.
  4. What procedures are more likely to result in malpractice?
    There isn’t really a set list, but they are often surgical procedures.
  5. Do faulty medical products fall under medical malpractice?
    Sometimes your physician does everything correctly, but a malfunctioning medical device has caused your injuries, such as the case for the power morcellation. In this case, it would fall under product liability rather than medical malpractice.
  6. Can I lessen the chances for medical errors?
    There’s no guarantee that you can lessen the errors, however by understanding your health condition and medications you should be taking, you will be able to help yourself more. Before taking a new prescription, research it. Remember to never be afraid of asking questions.
  7. Do I sue the doctor or the hospital?
    Sometimes you may have a clear picture of who was negligent, while other times it’s not very clear. Your personal injury attorney will be able to help you decide if it’s the physician, staff, hospital or in some cases all three.
  8. What should I do if I think I have a medical malpractice case?
    If you believe you’re a victim of a healthcare provider’s negligence, you may be entitled to a proper settlement. You will want to speak with a medical malpractice attorney first to see if you have a case.
  9. Is there a statute of limitations?
    Every case has a statute of limitations on how long you have to file. This means you should speak with a personal injury attorney right away.
  10. Do I have to file a lawsuit?
    Sometimes you don’t have to file a lawsuit. There are some instances where physicians will settle out of court, but still get a settlement for your injuries or damages.

If you believe you’re a victim of medical malpractice, speak to an experienced lawyer at Balkin Law today. We’ll evaluate your claim and determine if you have a case. For more information, contact us here or call us at 888-751-5908.