Medical malpractice is caused by the failure of a doctor, other healthcare professional, or a healthcare facility — such as a hospital, nursing home, medical testing facility or clinic — to meet "the standard of generally accepted medical care in the community" in which the medical professional or facility specializes. If generally-accepted medical standards are not met, a patient may be harmed as a result. In such cases, the medical professional or facility may be held liable for any resulting damages and injuries, some of which can result in lifelong medical bills, loss of income, or even death.
If you or a loved one suffered an injury from medical malpractice, Northern Kentucky personal injury attorney Bob Blau is here to help you and your family.
Data shows there is a need for greater public education about medical malpractice, particularly regarding its prevalence. According to a 2004 Kaiser Family Foundation survey, over half of the survey’s respondents (57%) indicated that they were not sure what the term “medical error” meant or that they had never heard the term before. Asked how many Americans die each year as a result of preventable medical errors, again nearly half (49%) responded that they believed the figure was less than 5,000, 18% said 50,000 and 14% pegged the figure at more than 100,000.
In truth, over 225,000 people die annually due to medical malpractice, with nearly half of the deaths occurring in hospital emergency rooms, according to an article published in the Journal of the American Medical Association (JAMA). Medical malpractice has become the third leading cause of death in the United States. Additionally, a Harvard Medical School study found that over 5% of all hospital patients were injured due to medical malpractice.
While instances of medical malpractice are staggering, relatively few claims are actually filed. The Harvard Medical Practice Study found that only one out of eight patients who suffer due to medical malpractice ever files a lawsuit, and concluded that medical malpractice is not accessible enough for its victims, including in the case of birth injuries as well as other instances of negligence.
Taking legal action in cases of medical malpractice is encouraged. No one should suffer from the abuse or negligence of another, even if the negligent person is a physician. Holding these professionals accountable for their mistakes will likely serve as a reminder that they should be ever vigilant. Exercising your legal rights, when the time is right, can help to make doctors and other health care professionals better at what they do — or at least more careful about committing medical malpractice.
However, medical malpractice cases are expensive and difficult to win. Before the doctor or facility can be sued, an opinion must be obtained from a doctor who has reviewed the records and stated that, based on the review of the records, he or she believes the standard of care was violated. This initial opinion costs on average $1,500. The cost to go trial can easily be $10,000 or more. That is the reason there are so few cases pursued. A malpractice case must also be filed within one year of the malpractice or within one year of the discovery of the the malpractice. The failure to file the lawsuit within this time frame will result in you losing your claim.
If you have been injured by medical malpractice in the Northern Kentucky Greater Cincinnati area, you need an attorney from this area to help you. Blau & Kriege is located right off of I-275 on Alexandria Pike (US 27) just south of NKU in Cold Spring, KY. Learn more about our fees in medical malpractice cases and why clients choose us. Contact us for a free consultation to learn your legal options and protect your rights. Our firm has successfully represented and obtained compensation for medical malpractice victims. We are here to help you and your family. CALL TODAY: 859-441-5400 or e-mail us at firstname.lastname@example.org