A patient who is suffering from an illness that may result in permanent damage is a prime candidate for a medical malpractice claim. Failure to treat the patient may include premature discharge from the hospital, improperly prescribing medications, or failing to perform appropriate medical tests. In addition, failing to properly diagnose a patient may result in death. Failure to adequately communicate the risks and benefits of a procedure can also result in a malpractice claim. If the patient cannot provide informed consent, the doctor will most likely be found guilty of malpractice.
Failure to properly diagnose a condition may constitute medical malpractice. For example, if a patient is suffering from cancer, they may not receive the correct diagnosis for months or years. The delay may result in increased medical costs, or it may cause the underlying disease to become worse. A patient may also fail to receive the correct treatment because the doctor failed to perform a thorough examination. In such cases, a patient can file a medical malpractice lawsuit. Visit https://dozierlaw.com/attorneys/personal-injury-attorneys-atlanta to learn more.
A patient may be able to file a medical malpractice lawsuit if they believe a doctor’s actions violated the standards of care and ethics. While most doctors strive to provide quality care, mistakes can lead to lifelong consequences. If a doctor failed to perform his or her duties within the standard of care, the patient may be entitled to compensation for any further injury. The best way to protect yourself is to seek legal advice from an attorney experienced in medical malpractice cases.
Another case involving medical negligence occurred in the early 1980s. Stratton v. Swanlond was widely regarded as the first medical malpractice lawsuit. In this case, Agnes Stratton sought damages from surgeon John Swanlond for breach of contract. Her hand had been severely deformed due to a tumor in her brain. The surgeon failed to diagnose her condition, and the result was permanent paralysis. In a subsequent case, Morgan & Morgan attorneys in Tampa helped her recover $28.5 million in damages after a failed surgery.
Several states have passed laws that restrict the use of error analysis evidence in malpractice cases. However, this does not mean that the patient is never wrong. The proposed changes in federal law may vest physician malpractice liability in health plans or hospitals. Nevertheless, the impact of malpractice lawsuits on the quality of healthcare is still a mixed bag. Regardless, the patient’s safety is the primary concern. With these new laws, malpractice lawsuits should be a last resort for patients who believe they suffered harm.
In addition to the costs of medical care, the prevalence of medical malpractice cases in the United States has increased dramatically over the last forty years. During the period between 1960 and 1990, the number of malpractice claims per physician increased rapidly. The awards per claim also increased. After the 1990s, the claim frequency stabilized at fifteen per 100 physicians, the average amount of awards per claim tripled. This increase in claims has led to a higher compensation rate in the United States.