As a senior requiring health care, the last phrase you probably expect to hear attached to the medical attention you receive is “medical malpractice”. However, this is a risk that anyone who needs to see a doctor or other health practitioner has and is the result of providers that do not offer their patients the expected standard of care. If this has happened to you or to a loved one, the best way to go about ensuring you get the compensation you deserve is by working with an experienced medical malpractice lawyer.
What Are Some Common Types of Medical Malpractice Incidents?
Seniors are particularly at risk when they get medical treatment or when they are in a nursing home or other care facility. They may be misdiagnosed, prescribed incorrect drugs, or even left unmoved in a hospital bed for far longer than necessary. Other aspects of medical malpractice may include
- Bedsores
- Infections caused by catheters
- Blood clots
- Falls
- Diseases contracted while in hospital
- Failure to provide information regarding possible risks of the treatment that you will be receiving
- Failure to provide information about a diagnosis
- Incompetence when providing treatment
Seniors and Medical Complications
Although anyone can face risks when it comes to medical malpractice, an increase in health conditions means that the elderly tend to require more frequent medical visits and hospital stays than the younger population. They may also have a tougher time recovering from improper medical treatment and may suffer more when doctors make mistakes.
Some Medical Malpractice Statistics
Medical malpractice happens more frequently than you might imagine to the point that it has been estimated that on a global scale, over 43 million medical malpractice incidents happen every year. Additionally, in this country alone 9.5% of all yearly deaths are the result of medical malpractice, making this the third leading cause of death in the United States after cancer and heart disease. Sadly, many of the deaths that occur due to medical malpractice could have been prevented.
Get Legal Representation
The legal system is complicated enough without you having to file a claim while trying to recover your health. Senior citizens may feel even more out of their depth when it comes to legal issues. That is why it is essential to get legal representation for a malpractice case. A medical malpractice attorney will increase your chances of getting the compensation you deserve by conducting an investigation into the case and gathering evidence.
What Evidence Is Needed for a Medical Malpractice Claim?
It is not always easy to recognize medical malpractice or to provide evidence to back up your claim. In general, in order to file a successful medical malpractice lawsuit, you would need to prove these elements:
- That your doctor had a duty of care toward you.
- That this healthcare provider failed in fulfilling that duty of care.
- That it was this provider’s negligence and malpractice which caused you to suffer physical or mental damage and that you deserve compensation to cover the expenses you have incurred now and in the future.
In cases where you suspect that a loved one has died because of the negligent actions of a healthcare provider, a lawyer will be your best option to prove this suspicion and build a strong case to defend it.