Medical Negligence Claims: Is a Lawsuit Worth Your Time?

Medical negligence claims are most commonly lodged against doctors who are members of the American College of Obstetricians and Gynecologists (ACOG). Doctors can be members of this professional association or not. However, until the 1960s, medical negligence claims for medical errors were extremely rare. Generally, they had little effect on the practice of medical medicine [people who have died as a result of unjust treatment]. Since then, the number of medical negligence claims filed by complainants has significantly increased; and to this day, medical negligence claims are common in the United States, with allegations lodged against doctors in any specialty, including pediatricians and surgeons, cardiologists, nurses, and radiologists.

Medical Negligence ClaimsThe Tort Law provides that civil and criminal liability may be limited to the defendant’s financial losses (the one who issued). Still, the limitation of liability in this area is not as broad as in other areas. Common law has been used for many years to address claims against physicians. However, medical negligence claims against physicians fall under the common law of negligence. It means that there is no separate tort law area relating to medical negligence claims.

To understand how no-fault claims work, you must first know about the no-fault concept. Under the traditional concept of malpractice, physicians (including surgeons) were held responsible for maintaining their patients’ health. While a physician may have reasonable medical knowledge that a particular treatment could cause harm, under the traditional concept of malpractice, the patient can file a claim for damages if the physician fails to act. The courts look at whether the physician violated the standard of care. If the physician is found to have violated the standard of care, the physician may be liable for malpractice.

With tort reform efforts in full swing, many lawyers have begun to focus on negligence cases. Because of the unique characteristics of medical negligence, it is not easy to file a lawsuit independently. It is often necessary for victims in these cases to seek legal counsel from an attorney who is well-versed in both the area of medical negligence and the laws governing that area. The type of lawyer that you choose will depend upon several factors. These include the seriousness of the issue, the likelihood of success of the lawsuit, the lawyer’s success rate with other cases, and the time and cost of the attorney’s effort.