Medical Malpractice is defined as “professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury to the patient” (Wikipedia.org). In a medical malpractice case, the plaintiff must prove that there was a breach of duty by the health care provider and that damages were suffered. Doctors are human and they do make mistakes from time to time, which is why they must carry professional liability insurance to offset the risk of these types of lawsuits.
If you or someone you know has suffered a loss due to a health care provider’s negligence, you may be entitled to compensation for damages. However, before filing for a medical malpractice lawsuit, you should first consider reading through some medical malpractice cases. Simply Google searching for “medical malpractice stories” can provide you with some helpful information in deciding whether filing for a lawsuit is right for your situation.
So, I took the work out of it and found a couple good stories regarding medical malpractice cases:
1. DeKalb County, IL: (May-20-08) Vanessa Jenkins, an Aurora woman, brought a medical malpractice lawsuit against Valley West Community Hospital in Sandwich, and DeKalb County, after her son sustained a brain injury at birth. The suit claimed that Jenkins was admitted to Valley West Community Hospital in Sandwich on Oct. 19, 2001 for the delivery of her son, Cody Smithey.
Sources familiar with the negotiations stated that as part of a settlement reached, DeKalb County agreed to a $15.35 million medical malpractice settlement with Jenkins, resolving the claims. County officials stated that the payout, approved by Judge Kurt Klein, was the largest ever in DeKalb County. [THE BEACON NEWS: AURORA WOMAN AWARDED $15.5 MILLION IN LAWSUIT SETTLEMENT]
2. Here’s another story with a different ending:
This story involves Morton Scheinbaum, a 59-year-old Las Vegas man who suffered a fatal heart attack in a hospital's emergency department on Nov. 4, 2005. The attorney claimed 41 minutes passed from the time Scheinbaum arrived with complaints of chest pain until he received any hands-on treatment. However, the jury ruled in favor of the defendant.
Statistics show that juries tend to rule in favor of doctors and hospitals about 70% of the time. This is because if they know they we negligent, then there is usually an out-of-court settlement before the case goes to trial. Keep this in mind if you find yourself or someone you know in a medical malpractice lawsuit, and don’t forget to do your homework before filing. Once you’ve done some reading, schedule a free consultation with a James Sexton Law Firm near you.
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