Most medical negligence instances involve lawsuits and that means involvement of medico-legal experts in the case. One should make sure if a lawsuit is worth pursuing in the first place especially if the case is unique. If your medical practitioner has been negligent in his duties causing you to harm of any kind or an inadvertent injury or illness, you can claim for losses. Here are some scenarios that can lead to medical negligence claims:
- Surgical errors including plastic surgery
- A wrong prescription of medicines
- Wrong diagnosis of an ailment
- Delayed treatments
- Failure to explain risks involved in a medical procedure
- Inadequate medical treatment for illnesses
- Unsafe medical practices causing injury or health problems
- Incorrect reporting of results
- Complications from anaesthesia
- Pregnancy complications
Indeed, there are many situations that would give rise to a medical negligence lawsuit. However, like other personal injury cases, a medical negligence case needs to be proved by adequate evidence to hold the at-fault medical practitioner liable for the injuries you’ve sustained due to their negligent actions. For instance, having a successful claim requires you to prove that there was a doctor-patient relationship, which means that the medical practitioner agreed to be retained by you for your medical needs. However, the medical professional was negligent in such a way that they failed to be fairly cautious and competent in performing an acceptable medical standard of treatment. Also, the practitioner’s negligence has caused harm, which resulted in particular damages.
However, determining fault in a medical negligence lawsuit can be difficult as multiple parties may be held liable for certain medical errors. It’s not generally limited to medical doctors, but it also applies to nurses, surgeons, radiologists, and even pharmacists. But aside from joint and several liability issues, you may also have to deal with the fact that medical practitioners can also employ legal assistance, making the lawsuit more challenging to win. For example, pharmacists and other healthcare providers who have been subject to a complaint or a lawsuit may hire a lawyer from a reputable firm like PCS Law to defend themselves and rebut your allegations. This makes the whole process complicated.
But if you have valuable pieces of evidence to prove the at-fault party’s negligence, you can have a higher chance of winning and receiving compensation for all your losses. A claim for losses in medical negligence can include loss of earnings, medical expenses, domestic help payments, home/ vehicle modification expenses, loss of enjoyment, etc. It is evident that the facts and circumstances of any case need to be analyzed by law advice solicitors in any case. Here are the pros and cons of pursuing a medical negligence lawsuit:
- Most cases are known to be settled almost immediately if there is a valid claim in place. Most medical companies and insurance agencies will get to the negotiations as soon as the claims are made since most of them do not want negative publicity of their brands and institutions through such lawsuits.
- You could be entitled to settlement money in the event of a good cause. Taking the case to court isn’t always advantageous. Reaching a settlement to avoid court expenses is one way to go.
- If there is a lot of emotional turmoil and health problems involved, it makes sense to win your claim in court. Getting justice for such an event will help you heal faster from the trauma owing to medical negligence.
- If you can get a sound case to hold the party responsible for their negligent actions, you can save other people from pain and suffering. You can hold the hospital accountable in following the said protocols. In the case of car accidents, the other party will never take driving for granted and surely will be stopped from reckless driving in the future.
- Legal disputes to involve a huge amount of stress. Winning the lawsuit could make you feel better, but the stress involved might not be worth the overall time and effort. Mediation could offer a solution that is not as stressful.
- Every case involves huge attorney fees and tax issues. Be prepared to shell out a lot of money to pay attorneys a large part of the settlement money. If you lose, you might have to pay up attorney fees of the other side too. Will the expenses worth for the cause that you are fighting for?
- It is tough to have a private life after you embroil a medical practitioner or institution with claims. It is natural for the other party to bring all the issues within your predicament out in the light. The insurance company will have a horde of lawyers combing through every piece of financial history and showcase it as evidence against you.
- There’s an outside chance that the other party could countersue. Even if you are not individually wrong, smart and devious lawyers can get you embroiled in a countersuit that could be tough to get out of.
Now that you know the pros and cons of pursuing medical negligence lawsuits, decide whether it is worth it to pursue the course or not. Consult veteran lawyers in the field of medical malpractice and negligence along with a medical opinion before you reach a decision.