Whenever an accident occurs due to human error, you can usually easily notice it depending on the situation. For instance, take a case of a road accident due to a mistake on the driver’s part. Anyone can quickly pinpoint the cause.
However, this is not always the case in the medical sector. Everyone will know when an automobile accident has happened since there will be screeching of tires, a crash, and ambulance sirens. It becomes way more complicated in the medical niche concerning whose fault an accident is.
When a medical mistake is made, usually neither the physician nor the patient will immediately know. In some cases, it can take several years for a medical error to be known.
Perhaps this is why more medical malpractice cases related to COVID are starting to come to light two years after the pandemic shook the world. According to a report from the John Hopkins hospital, more than 250,000 people in the US die from medical malpractice per year. Some reports claim even higher numbers, as high as 440,000 people annually.
Causes of Error
Several factors have been attributed to the rise in medical errors amid the pandemic. For instance, at the start, most medical practitioners stayed at hotels to avoid taking the virus to their families. This added to the already large amount of anxiety they were going through at the time, which was a possible cause for error. They may not have been sleeping as well and felt isolated and alone being further from their families.
Furthermore, some studies point to the overcrowded status of most hospitals at the time as the possible cause for the errors. Data from John Hopkins hospital alludes to medical errors being the third largest cause of death after heart disease and cancer.
Filing a Medical Malpractice Claim
Whenever you have suffered an injury due to medical malpractice, one of the ways forward is to file a medical malpractice claim. Below are some of the steps you should take to file:
Consult with a personal injury lawyer as soon as you suspect that you were the victim of medical negligence.
All medical malpractice claims are complex. They have legal time limits during which they must be filed, also known as the Statute of Limitations. An experienced lawyer can advise you on the applicable Statute of Limitations. They can also do an intensive review of the records and facts in our case and advise you whether they believe you have a viable case, based on their investigation.
File a Certificate of Merit
Most medical malpractice cases require that you file a certificate of merit to determine that the damages you suffered resulted from medical malpractice. Therefore, your lawyer will contact another qualified expert to review your medical records to verify the claim.
Contact the Relevant Licensing Board
You can contact the licensing board involved. It is worth noting that these bodies cannot order the professional to compensate you, but they can administer disciplinary measures.
Conclusion
Above are some of the measures you should take when filing a medical malpractice claim. However, you should note that the best way would be an out-of-court settlement. This is because court cases can drag on for years and cost you a lot of resources.
