What Damages are Awarded?

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What Damages are Awarded? What Damages are Awarded?

Hospital Errors

Hospital error can result in patient illness, injury and even death. Medical professionals have a duty to provide a standard of care which prevents patient injury. It is estimated that medical errors kill 5,000 to 15,000 patients each year in the United States. However, there is not a consensus among doctors what constitutes a deadly error.

If you have been injured or fallen ill because of a professional's negligence this could be considered medical malpractice. The United States civil tort system allows a victim of medical malpractice to receive compensation for their losses by filing a medical malpractice lawsuit against the party or hospital responsible for the injury. If you have questions regarding your illness or injury contact a personal injury attorney familiar with medical malpractice law to review your medical malpractice claim.


Common Mistakes in Hospitals

This list of potential causes is not exhaustive, but it does cover the main areas. Most medical errors can be avoided if the doctors, nurses, dentists and other practitioners take the necessary time and care with their patients.

An important conclusion of the above list is that medical errors often result as a consequence of many factors.

There are many phases of treatment in which an error can occur. Errors can also occur in different locations such as: the hospital, doctor's office, pharmacy, nursing home and operating room. It is estimated that up to 70% of medical errors could have been prevented. Fortunately, hospitals are beginning to actively work to prevent errors. They are now required to tell patients and families when they have been injured due to a medical error. New standards have been developed that require a hospital to design patient safety systems, work to eliminate errors and openly report medical mistakes.

Hospital Infections

Germs which cause infection can live on practically any conceivable surface. This can include bed rails, stethoscopes, sinks and toilets. The germs may not be harmful until they enter the body, but in a hospital where catheters, intravenous tubes, needles and other health infractions can be present getting an infection can be a real concern. According to the Center for Disease Control, the sixth leading cause of death in America is hospital infections. The CDC Public Health Report published in the April 2007 journal estimates that there are 4.5 hospital infections for every 100 patient admissions and nearly 100,000 deaths from hospital infection. Most infections are caused by unsanitary conditions in the hospital. Unfortunately, it is estimated that up to 60% of staph infections are drug resistant.

If an infection is contracted it does not necessarily mean that medical negligence has occurred. In infection cases it is important to monitor how the hospital followed their infection control plan and if there are other explanations for the infection. Even if the hospital is not at fault for the infection being contracted, they are responsible for treating the infection quickly. In order to prove medical negligence you need to understand how the hospital contributed to the infection. Negligence may have occurred if any of the above steps such as failure to sterilize, wash hands, wear gloves or disinfect were not done properly.

The patient must prove damages. Damages could include lost wages, pain and suffering, medical bills or death. If the person has not suffered damages then there probably is not a basis for a claim of medical malpractice.

If you have had a hospital stay and developed an infection your case should be investigated to determine the specific facts regarding your stay. If you have suffered an illness or injury due to an infection contracted during your hospital stay a personal injury attorney should be contacted to review your medical malpractice case. It can be difficult to review all the possible methods which an infection could have been contracted with out the help of an expert in the medical profession. A personal injury attorney familiar with medical malpractice law can help gather evidence and provide experts familiar with infection control. A personal injury attorney can also be helpful in determining the statute of limitations for your medical malpractice case. The statute of limitations could vary based on your injuries and the state where you live. If you have any questions regarding your medical injury, fill out the evaluation form for a free consultation from a medical malpractice attorney.



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