A recent study conducted by the Journal of Patient Safety found that nearly 440,000 people die every year from medical errors that are entirely preventable. These deaths were caused by medical errors, and many of these errors were simple enough to be easily avoided. Errors responsible for hospital deaths included leaving sponges inside of patients following surgery, contaminated equipment, and the wrong medication being given to patients.
Medical malpractice attorneys represent victims of hospital-related injury or death as well as their families, suing for either medical malpractice or wrongful death. Here are some of the factors that affect lawsuits.
Suing for Wrongful Death
Wrongful death cases involve the death of a person caused either by another party’s intent to harm or negligence. Members of the victims’ families are the only ones who can file a wrongful death lawsuit, providing proof of monetary loss resulting from the victim’s death. Medical malpractice lawyers can help victims’ families figure out the value of their cases, recovering the maximum amount of compensation available.
Medical Malpractice Lawsuits
Medical malpractice occurs when any medical professional commits a negligent act that causes harm to a patient. There are several factors that malpractice victims should consider before filing a lawsuit.Â
One of the main factors in a medical malpractice lawsuit is res ipsa loquitur, a theory that applies to situations in which someone wouldn’t have been injured without the negligence of another party. An example would be if a patient was left with a surgical tool following surgery, which should’ve been removed by the surgeon.
Another factor influencing the outcome of malpractice cases is the involvement of multiple defendants. Joint and several liability is possible when more than one defendant is involved in a case, which means that the injury victims can collect the entire settlement from all or one of the parties.
One final element to consider is respondeat superior, which is crucial in figuring out how a malpractice victim should be compensated. Respondeat superior involves an employer that is held liable for its employees’ negligence. In malpractice cases, the negligence of doctors and other medical personnel would make the hospital liable for compensation.
Experienced medical malpractice lawyers help ensure that victims of malpractice and wrongful death don’t suffer more than they have already, helping to recover lost income, medical expenses and other monetary inconveniences.
For more information about medical malpractice, visit our website.Â
Malman Law offers free case evaluations.Â
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