It is commonly known that when doctors enter the medical profession they take an oath that in part promises never to intentionally do harm. However, although unfortunate, some doctors do cause harm through their errors, ignorance, negligence, incompetence and by giving the wrong diagnosis. A health care provider's failure to provide reasonable medical care results in medical negligence.

Although the medical profession brings health and hope to millions, many injuries or deaths occur due to medical negligence. According to the Institute of Medicine, approximately 98,000 patients die annually due to medical negligence in hospitals. Add to this number the unreported acts of medical negligence made in other healthcare environments and the amount of medical negligence occurrences becomes astounding.

In addition to the lives and quality of life of patients who suffer medical negligence, the United States pays approximately $17 billion annually in expenses due to medical negligence.

Just as in every occupation, the medical profession has a duty of care towards their patients. This means that medical professionals have a duty to make sure that patients receive the proper treatment.

Legally, healthcare providers are responsible for giving a standard of care that is normal. If a medical professional fails in this duty and the patient suffers in any way, then the patient has a potential medical negligence claim. When a physician has failed to use the same degree of skill and learning under similar conditions by others in the medical profession that physician is guilty of medical negligence.

If you are the victim of medical negligence, you may be entitled to compensation for injuries suffered due to the medical negligence. Obviously it applies to doctors, surgeons and nurses, but many do not realize that it also applies to other members of the medical field such as dentists, opticians, psychiatrists, midwives and physiotherapists.

Due to the complicated and varied field of medicine, it is impossible to provide a list of every type of medical negligence. However, the most common types of medical negligence claims are:

Failure in providing a timely diagnosis and appropriate treatment is typically how medical negligence occurs. Other types of medical negligence include the failure to order necessary tests, proper medication, and failure to consult with specialists.

Although the medical profession has a very difficult and demanding job, you should not feel guilty about making a claim when medical negligence has occurred.

Medical negligence cases basically boil down to trying to establish whether the action taken, or not taken, was reasonable considering the circumstances. Some medical negligence cases such as giving the wrong medication or the wrong dosage of medication are straightforward. However, other medical negligence cases can be much more complex.

Since the negligent action must be documented and proven within specific guidelines, medical negligence claims are one of the most difficult areas of personal injury law. Only an experienced medical negligence lawyer has the knowledge and resources to investigate and validate your medical negligence case.

They will be knowledgeable of the complexities of the issues involved, the medical terminology, and the procedures, as well as have the relevant medical and legal knowledge and contacts to ensure the medical negligence lawsuit is thoroughly investigated and pursued.

A personal injury lawyer experienced in medical negligence can help prepare your medical negligence lawsuit, wrongful death lawsuit or any other lawsuit where a medical professional may have caused damages.

Many people hesitate to pursue a medical negligence case out of concern for litigation's effect on rising medical prices. However, you may take comfort in the fact that that although medical costs have risen 113% since 1987, the amount spent by the medical industry on medical negligence insurance has only increased by 52% since the same year.

Insurance companies are raising premiums due to a poor return on their investment, not because of litigation and justice according to a statement by the Director of Insurance for the Consumer Federation of America.

In some cases medical negligence is easy to identify; however, often it is a complex issue. Generally, your lawyer will need to make an initial investigation into the medical negligence claim before he/she can advise you whether or not you have a valid case.

First, your attorney will need to determine what happened through your statement. This will include your version of events as well as thoughts and recollections on the occurrence of possible medical negligence.

Next, your lawyer will need to obtain copies of your medical records. Most often the records from your general practitioner are required; however, any records of treatment received in a hospital may also need to be obtained. The attorney will also need to obtain a second opinion of sorts, which involves a licensed medical professional reviewing your records to determine if medical negligence was a factor in your treatment.

In extremely complex medical negligence cases reports may need to be obtained from more than one expert. Once the initial information has been gathered, your attorney will be able to advise you as to whether or not you have a valid medical negligence case.

It is important to remember that your personal like or dislike for your physician are not an issue in a medical negligence case; only the facts determine whether or not your doctor was guilty of medical negligence. If medical negligence is proven, you are entitled to receive fair compensation to assist you in restoring your life, as well as helping to prevent others the suffering of a similar situation. However, if the facts prove that you received satisfactory medical treatment, you may take comfort in the fact that the medical professional acted in your best medical interests and this knowledge can help you move forward in recovery from your medical condition.

Compensation awards in a medical negligence case are intended to assist you in returning to the condition you were in prior to the medical negligence. If you are successful in your lawsuit for medical negligence, you will gain compensation not only for any injuries and financial losses, but also for your reasonable legal expenses.

There are many forms of compensation that you may recover in a medical negligence lawsuit. These include loss of income, medical expenses, pain and suffering, or punitive damages. You may also receive compensation for future medical expenses and future loss of income.

Punitive damages are generally only awarded in rare medical negligence cases when it is proven that the medical professional had malicious intent.

The lawyer will also let you know the next steps to take your medical negligence case forward. Typically this will include contacting the physician or hospital to advise them of the medical negligence claim and to determine whether or not responsibility is accepted and settlement out of court a possibility. If the medical professional or organization does not accept liability, your attorney will present you with further options such as filing a medical negligence personal injury lawsuit.

If you, or a loved one, have been the victim of medical negligence, please do not hesitate to contact our office for a free consultation and case evaluation.