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7 Reasons why Victims do not recieve Compensation for Medical Malpractices

Updated on April 20, 2013

Medical malpractice in simpler terms can be defined as claims arising due to health care provider negligence. It can be any or both physical and financial. The courts have often defined the situations coming under medical malpractice. If a doctor cures you with an expired medical license, it comes under the above law. The law clearly defines who comes legally under the banner of “health care provider”.

However, there are many among us who are unable to receive any compensation during their medical treatment. The primary issues generally occur due to misconceptions and myth about medical malpractice. You must seek counsel help to represent your case.I am listing some reasons

  • Patients are unaware that they are victim of Medical Malpractice- Surveys carried out by top institutes indicate that around 4% of admitted hospital patients suffer injury not because of their medical condition. There are issues which occur due to management failure outside the hospital. These injuries can occur due to either physician or administrator mistakes in a particular situation. The most conman mistakes are delay in treatment, use of poor quality materials and errors in diagnosis.Nevertheless, administration can too lead to major problems. There have been instances where patients have received wrong drugs due to incorrect prescriptions. Even small mistakes can lead to fatal results. More than 100,000 deaths occur every year in U.S due to health care provider every year. However, less then 10000 cases are filed each other.
  • Performing autopsy- It is important to prove the mistake commited by hospital or doctor that leads to physical or financial problems.It becomes complicated to prove after the patient death, that it was the case of malpractice,without autopsy. There are many reason for patients death in medical dictionary. Henceforth, you need to prove that death occurred due to doctor or hospital negligence towards their duties.
  • Proving Negligence- Doctor way of talking, manners or appearance does not count on carelessness. There are legal procedures which defines that doctor was negligence towards the duty. Doctor’s arrogance or oversmartness must account for negligence towards his/her duty.
  • Management not responsible- As mentioned above, proving doctor or hospital mistake is tough task. There are many scenarios from where they can delay the case. Some injuries does not come under medical malpractices. Additionally, patient may also be responsible for the injuries.
  • Patients Suffering less Damages- There are legal laws which defines small medical malpractice cases. Some instance have reported that doctor is negligence towards the duty, although patient is not affected from it. It is simple that patients who has not lost any thing due to carelessness,will ever report it. You might suffer illness due to incorrect prescription of physicist. But it will be difficult for you to realize whether the outcome is due to the incorrect prescription. The major problem arises when the cost of case is more than the recovery. You may live anywhere across the globe, but there are always limitations in law.
  • Unable to Hire medical Experts- You need a certificate from the medical expert to win a malpractice case. However, it becomes tough to find quality medical expert. Doctors may not be that ethical to stand for you in tough situations. You will require both time and money to find a quality medical expert. Hiring a bad expert can weaken your case as insurance company will get a suitable point to defend their case. These companies have more than sufficient income to hire quality medical experts. Additionally, they can go to any extent to defend their case.However, there are doctor’s group who are doing their work in professional way to increase credibility of their fraternity. They help poor people and punish doctors who commit offense. Additionally, the doctors show a sense of professionalism because of these groups.
  • Judges Respect Doctor- Judges are human beings like us. They consult doctors like us and respect doctors like us. Doctors are developed after lot of specialization on their subject. They can also commit mistakes like us.

Winning a malpractice case is not an easy task. However, by correct information, proper facts, and right attorney you can win the case. You must atleast file lawsuit to recover your compensation.


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