Tuesday 16 July 2013

" Doctor ! Pl Help...save me....I don't wanna Die !!!"

Recently i watched a movie based on Medical Malpractice. Due to d mere negligence of a Dr., a mother hs to face a gr8 loss of her only child. She sued the Doc. and won the case. The movie creates some unanswered questions in my mind. eg ; 
what exactly is considered as Malpractice?
Is it that easy to sue the Doctor & win d case?
is it fair to blame the Doctors if their best isn’t good enough? 

Fact: According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer.

Doctors have often been seen as some of the highly respectable N smartest members of society.. It takes years of training, constant hard work, and a lot more than just book smarts to be a good doctor. But they are still human, and humans are fallible. Mistakes are made every day, and while some of them can be insignificant, others can completely change lives. Suing doctors for less-than-perfect practice is becoming more and more common. Is it fair to blame the Doctors if their best isn’t good enough? Are they really careless or it's just because they r over stressed and hv over workload? Many a times it is seen dat in Govt Hospitals patients r overflowing. In such situations is it possible for d  Drs. to stay calm & stable wen  dey r busy Multitasking...???

Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

Medical malpractice can take many forms. Here are some examples of medical negligence that might lead to a lawsuit:

Failure to diagnose or misdiagnosis
Misreading or ignoring laboratory results
Unnecessary surgery
Surgical errors or wrong site surgery
Improper medication or dosage
Poor follow-up or aftercare
Disregarding or not taking appropriate patient history
Failure to order proper testing
Failure to recognize symptoms

It's not enough that your doctor made some sort of mistake. Before you can file a lawsuit, you have to be able to show that the mistake caused you damage or further harm. The amputation of the wrong limb, brain damage after an operation, a medical condition or disease got worse after treatment, or even death are d right examples of injuries or damage. In short, unless you've been harmed, there's no medical malpractice case.

You also have to prove that the injury is connected to the negligence. This is called "causation," meaning your damage or harm was caused by the doctor's mistake. This may be the most difficult - and expensive - part of any medical malpractice case. As a general rule, you'll need at least one expert witness to explain how the mistake caused your injury. These expert witnesses are almost always other doctors or medical professionals.

Getting Help

Medical malpractice law is highly regulated by a complex body of rules, which vary considerably from country to country, so it's often essential to get advice or representation from a lawyer.

As you can see, a medical malpractice case is usually complicated from the get-go, and usually takes some time to get through. You have a lot to prove. And the defense usually doesn't pay up without a fight. You can bet the doctor or medical professional you're suing - usually, it's that person's insurance company who defends the case - will do everything possible to show that the doctor didn't make a mistake or cause your injury. The defense will use its own experts to do this. It may take months or even years for the case to be over. And you can't wait forever to file the case, either. These cases aren't cheap, either. Experts cost a lot of money, especially if you need them to take off work and come to court to testify. Plus there are all kinds of other costs, like filing and other court costs.

Don't let the potential costs and complexity scare you away from a case. If you've been injured by a medical professional's mistake or failure to act, talk to an attorney to see if you have a good case. Not only can you get money or "damages" for medical bills, lost wages and pain and suffering, but you can help make sure the same mistake doesn't happen to another patient.

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