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According to the Journal of the American Medical Association (JAMA), medical malpractice is the United States’ third leading cause of death, second only to cancer and heart disease. In fact, there are over several billion dollars spent every year on medical malpractice payouts.

Being such a serious issue, medical malpractice must be treated as such. But what are your options if you know that you have been a victim? What qualifies as medical malpractice?

Medical Malpractice occurs when medical professionals inflict damage or harm to a patient through errors or mistakes that were made due to their own actions.

What is Medical Malpractice?

When healthcare professionals like doctors, nurses, or technicians fail to take appropriate steps to prevent harm or injury to a patient, or directly cause harm due to their actions, the result is considered medical malpractice. This can occur in one of two ways: failing to take action which ended up causing harm, or taking actions that directly caused harm. If the medical professional fails to act correctly, it is considered medical negligence—however, both are considered to be medical malpractice.

Medical Negligence

Adherence to a “standard of care” is something that is expected of all medical professionals. This standard of care is defined as a generally accepted method of protocol in which patients with similar types of conditions or circumstances are treated. Within this standard of care, other aspects such as a patient’s geographical location, gender, age, or occupation are considered as well.

Incidences of medical negligence can range from the failure to provide the correct medication or treatment for a disease, all the way to making an entirely incorrect diagnosis of an illness. Mistakes like these can take place at any time throughout the medical treatment of the patient. Such failures made by the physician will violate the standard of care.

If you are capable of proving that your healthcare provider or your physician did not comply with your condition’s corresponding standard of care, you may consider filing a claim. In this situation, a medical malpractice attorney can provide assistance, as this may be a winnable medical malpractice case.

Injury or Damage

If a physician’s treatment causes you harm, you may have eligibility for a medical malpractice claim. Examples of this may include: leaving medical equipment inside of you after surgery, brain damage following specific treatments, amputation of the incorrect limb, worsening of an existing condition, or even nerve damage that occurs following a procedure.

Medical Malpractice

How do you determine if you have grounds for a medical malpractice claim?

Medical malpractice cases are lengthy and complex legal matters, which should always be engaged through the supervision of an experienced attorney. The attorney will be required to prove two factors that took place: first, they must prove that the medical professional or doctor made an error within your treatment. They also must prove that this mistake caused you harm.

Frequently, it is a difficult task to prove that the damage you’ve suffered was due to the negligence of the physician or healthcare provider, even though this is how the case is won. It is highly recommended to seek another medical professional to use as an expert witness that can corroborate that the injury was due to a medical professional’s mistake.

As the majority of medical care facilities and physicians have dedicated insurance policies that protect them from malpractice claims, you will be opposing the insurance company when working to win your case, not the medical provider themselves.

Filing a Medical Malpractice Claim

The attorneys of Russell & Hill, PLLC have many years of experience in facilitating medical malpractice claims both in Washington and Oregon state. We work strictly on a basis of the contingency fee, meaning that for the majority of case fees, we will front the cost and refrain from charging any attorney fees unless we win the case. If the case is won, we collect the fees and reimbursement expenses as a percentage of the money paid out from the case.

If you have been injured by a medical professional or physician’s mistakes, do not be afraid to take action. You deserve to receive the compensation required for your lost wages, damages, medical bills, and all the pain and suffering you’ve endured. With a good case and an experienced attorney, you can receive what you are entitled to, while also helping make sure that someone else doesn’t have to suffer from the same mistakes.

Reach out to one of our offices today in order to schedule an appointment.

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