Medical malpractice, negligence committed by healthcare professionals to the detriment of their patients, can culminate as a result of a number of reasons. Lack of knowledge, practice, clear judgment and appropriate equipment, for example, are some of the factors that can result in errors in diagnosis, treatments and surgeries. They can also lead doctors to make mistakes that might affect their victims’ lives forever, causing permanent damage to their health.
One of the most well known examples of medical malpractice is the case of Willie King, whose story took over the media and started a discussion about patients’ rights. In 1995, the 51-year-old was admitted to a hospital in Florida to amputate his right leg due to complications of his diabetes. Willie was left in shock and despair when, waking up from his surgery, he found out that the doctor had removed his left leg instead. Only a few days later, King had to check into another hospital to, finally, have his diseased right leg amputated. He left with emotional trauma and the unexpected responsibility to learn how to live life without both legs.
In other situations, medical negligence can harm or even end careers, like in the case of Pete Hamilton, former NASCAR driver. The athlete had shoulder surgery after a fracture, but was still in considerable pain two months post-procedure. After doing some lab tests, Hamilton discovered that the doctor had used a plastic drill guide during the surgery and had forgotten to remove it, leaving the object inside the pilot’s shoulder. Besides intense pain, the negligence also led to several complications, which left his arm so debilitated that he couldn’t drive anymore. In many cases like this, in which a medical error is responsible for the end of the biggest - or, sometimes, only - source of income in a house, it also harms the whole family’s structure, forcing its members to regroup their lives.
After falling victim to medical malpractice, the next step is to file a lawsuit against the responsible medical practitioner. In order to do that, several things need to be proven, including that the patient was directly treated by the professional they are suing, that this individual was negligent, the malpractice caused an injury and, finally, that said injury led to specific damages - such as physical or mental illness, loss of financial income or additional medical expenses. Because there is so much evidence that must be presented, much of which is subjective, medical malpractice lawsuits aren’t easy to win. In fact, according to the U.S. Department of Justice, only 39% of the cases are even settled in court. To add to that, when the lawsuits are actually brought to trial, the jury tends to see medicine as a complicated and unpredictable thing and, thus, even if the doctor was to perform a flawless job, the outcome could still be undesirable.
Nonetheless, a considerable number of those lawsuits still end with a good payout. Pete Hamilton, for example, won his case and got 1.9 million dollars. It is also important to point out that, in the other 61% of the cases - those that are handled out of court - the plaintiffs can score reasonable financial aid. That is what happened with Willie King, who settled with the hospital and doctor responsible for his case and won 1.15 million dollars.
In short, medical negligence cases are challenging - but not impossible - to win. If you think you have been a victim of this kind of negligence, reach out to a lawyer, discuss your case and get help preparing to take the next steps.
Published February 20, 2022
Written by Isabela Lico ~ Edited by Sasha Thomas and Anvita Chitrapu ~ Graphics created by Omaar Sandhu
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