Physicians, nurses, and medical technicians all try their best to give each patient the attention that’s due. However, sometimes things still go array. This can be due to neglect, or it could be due to something that was beyond the health care professional’s control. Either way, a patient may decide to press a medical malpractice case. In a medical malpractice case, the health care professional that’s been sued is responsible for getting representation to defend them. Usually, the suit will be covered by malpractice insurance if it is lost. Here are the basics when it comes to medical malpractice cases.
A Certificate of Merit is Usually Filed
It is not enough to believe that you have a case in most states. To file a malpractice case, you must find a physician that agrees that there has been some negligence. The attorney chosen to represent the patient will then file what is known as a “Certificate of Merit” on the patient’s behalf. Once this is filed further litigation can begin.
The Board that Governs the Professional Will Get Involved
Before a matter is taken to court, it is wise idea to alert the professional’s governing board. The board may be able to remedy the situation by issuing a warning to the professional. If the neglect is severe enough, or if the professional doesn’t change their ways, the board will attempt to discipline the professional. Each medical profession has their own board. In every state, there is a board of physicians, nurses and other technicians.
How Prevalent are Medical Malpractice Cases?
Medical malpractice is more common than one thinks. In fact, medical malpractice is the third leading cause of death in the United States. It’s only behind heart disease and cancer. Unfortunately, not all of these cases see their day in court.
There May be a Cap on How Much the Plaintive will be Rewarded
In some states, there is now a cap on how much a malpractice payout can be. Congressional republicans have tried to set this cap at 250,000 dollars. Their argument is that many claims of malpractice are fruitless, frivolous, and only cost the health care system more money in the end.
Malpractice Cases are Often Necessary
Normally, a health care professional’s intentions are good. But sometimes they do make mistakes. Some of these mistakes could have been avoided had the professional been more careful. That’s why medical malpractice suits exist. They help to protect the patient in the end.