Doctors and other healthcare professionals have a responsibility and duty to ensure that they provide a standard of care established within the medical community. When a healthcare provider fails to meet established standards, serious injuries or harm may result, which means that a victim would have the legal right to pursue a medical malpractice regardless of age.
Understanding Medical Malpractice
Medical malpractice occurs when a doctor, nurse, or other medical professional causes additional harm or injuries to a patient while they are under their care. Some medical malpractice examples may include the following:
- Medication errors: Medication errors include any errors related to incorrect dosages, incorrect prescriptions, incorrectly prescribing medications to which a patient has an allergy, or incorrectly prescription a medication that adversely reacts with a medication a patient already takes.
- Failure to Diagnose: If a patient presents signs or symptoms of a medical condition that a medical professional should have the ability to correctly diagnose and treat and fails to do so, it may rise to the level of medical malpractice.
- Failure to Provide Appropriate Care or Treatment: If a patient receives a diagnosis of a medical condition and a doctor or healthcare provider fails to order appropriate additional diagnostic testing or fails to provide appropriate medical care or treatment after a diagnosis, it may rise to the level of medical malpractice.
- Surgical Errors: When a surgeon leaves medical instruments or tools in a patient following surgery, operates on an incorrect body party, or removes an incorrect body party, this rises to the level of medical negligence resulting in the ability of a patient to file a medical malpractice claim.
- Birth Injuries: Any injuries resulting from medical negligence in either a mother or newborn infant can rise to the level of a medical malpractice claim.
Age and Medical Malpractice Cases
There are additional challenges for older persons with respect to bringing a medical malpractice case. Some of the hurdles that an older victim of medical malpractice may face include the following arguments from a medical practitioner or healthcare provider:
- There was already a pre-existing condition in the elderly person.
- The older adult has an already weakened immune system due to advanced age, leading them to have a greater risk of infection or longer times for recovery for illnesses and surgeries.
- The older adult has neurocognitive disorders such as Alzheimer’s disease or dementia, which makes them confused regarding the medical care they received.
- The additional medical bills resulting from a medical malpractice claim are not the direct result of medical negligence, but simply a result of the aging process.
Unfortunately, according to Diederich Healthcare’s annual medical malpractice payout financial analysis yearly report, older victims of medical malpractice (aged 70-79) receive only one-third of medical malpractice compensation packages as those younger victims aged 60-69. Consider visiting with a qualified medical malpractice attorney if you or someone you love suffered from any medical malpractice injuries or losses.
For a free legal consultation, call (800) 794-0444
Filing a Medical Malpractice Claim
In order to receive any type of compensation in a medical malpractice claim, a victim must show that the negligence of a healthcare provider directly caused substantial medical complications, pain and suffering, losses, or even death.
Additionally, while some instances of medical negligence take time to discover (as patients often take time to heal and believe that some of their pain may be part of the recovery process, or simply an adverse side effect of medication), it is important to understand that victims of medical malpractice only have a certain period of time to file a medical malpractice claim under the law. If a victim fails to file a claim in this time period, they will lose their right to receive compensation for their injuries and losses, and their right to receive justice.
Medical Malpractice Settlements
According to a Johns Hopkins article, medical errors account for more than 250,000 death each year. Victims typically request compensation for their additional medical bills, pain and suffering, lost wages as a result of the inability to return to work, and other losses. Visiting with a medical malpractice attorney can help you understand how you can pursue your medical malpractice claim regardless of your age.
Learn How a Medical Malpractice Attorney Can Help You
As a victim of medical negligence, you have the right to bring a medical malpractice case regardless of your age. Learn how a medical malpractice attorney at Pintas & Mullins Law Firm at (800) 794-0444 can help you determine your legal rights and help you receive justice.