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Home » Legal » Family-law » Do You Deserve Medical Malpractice Settlements?

jarnold
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Do You Deserve Medical Malpractice Settlements?

Submitted by jarnold
Fri, 10 Oct 2008

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Medical malpractice settlements are awarded for damages and injuries incurred by a patient who is being attended by health care workers. These awards vary in the amount depending on the damages and the state in which the case is taking place. In order to receive a settlement, the patient and his attorney must show that the patient suffered harm by actions or inactions of the medical workers who were charged with his care.

A good definition of the term may be to state that this type of malpractice occurs when any member of a health care team neglects, harms or injures a patient that has been entrusted to their care. Not performing necessary actions and not showing due diligence in patient care are both factors that are often present in many of the malpractice cases in court today.

Without having safeguards in place to help protect patients who are weak and vulnerable there would be many more problems encountered in the health care system. Holding all members of a health care facility and a health care team accountable for actions involving a patient is a way of assuring that medical personnel act responsibly when on duty.

There have been many instances of patients who have suffered some unusual complications in the hospital setting. Many of these are perfectly normal but some are not. In some cases, incorrect actions can be hidden or swept aside and this is not only painful and difficult for the patient and family members to deal with, but it could lead to future cases that would have even worse outcomes. Knowing that medical malpractice charges can be brought in justifiable circumstances keeps health care givers focused on providing the best care and the most thorough care that they can give to each patient.

In Oregon, the Health and Science University just settled 6 separate malpractice lawsuits for almost 40 million dollars. The state cap was lifted so that these amounts could be enacted. Prior to these law suits, there was a maximum cap on medical malpractice suits of $200,000 at this facility. There was also a recent case where a woman had a growth removed from her big toe and the podiatrist did not send it for a biopsy. The woman had a malignant skin cancer and it progressed unchecked. She is now in the advanced stages of the disease with little hope for a full recovery and was granted more than $8.1 million dollars in damages after a 5-day trial.

Medical malpractice lawsuits happen quite often and are usually settled outside of courtrooms. Hospitals do not want to battle many of these cases in open court because the sea of public opinion is against them. Both hospitals and their attorneys realize that this type of court battle results in a great deal of negative public exposure for all parties involved. It is very difficult to persuade a jury to side with the hospital when a patient has been injured badly or has died because of neglect or poor care. There are some attorneys who are specialized at sorting through the facts to first determine if there is actual proof of any incorrect actions. If it can be shown that the health care providers were guilty of malpractice then charges will be made and a case brought against each member of the team who was involved. This extends to every health care worker, physician and even assistants if necessary.

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For more insights and additional information about Medical Malpractice Settlements as well as finding various resources to assist you with pursuing a possible malpractice case, please visit our web site at http://www.malpracticeinfonow.com


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