Medical Negligence: The Basics

Medical negligence is often a difficult and saddening case to defend.

Medical malpractice is usually hard to prove and most medical malpractice trials involve allegations of serious harm such as permanent injury (57% of trials) or death (33%).

In a recent study of medical malpractice cases conducted by the U.S. Department of Justice, the Bureau of Justice Statistics looked at the progress of medical malpractice claims in Florida, Illinois, Maine, Massachusetts, Missouri, Nevada, and Texas from 2000 to 2004 and found that a majority of medical malpractice insurance claims were often closed without any compensation to the claimant. And in Maine, Missouri, and Nevada, about one-third of medical malpractice insurance claims resulted in a payout to the patient.

But don't let this disappoint you. If you have been victimized by medical malpractice, McShane & Brady can help you get justice.

Over the next few weeks, we will be sharing the basics of medical negligence that will hopefully answer most of your preliminary questions. However, each case is different, so we recommend taking advantage of our free consultation.

Who is most often affected by medical negligence?

A recent study reported that the majority of plaintiff patients were female (60%), with a median age of 38 years old. About one-fifth were newborns, and approximately 12% were over 65 years of age.

Most often, OBGYNs and surgeons are challenged in medical malpractice cases due to a permanent injury or a death that happened during surgery. If you have a loved one about to undergo surgery, be sure you know their rights in case anything should happen to them while in surgery.

What is the average payout?

It's hard to find a magic number that will justify the hurt that you or a loved one endured. Thankfully, though, the median insurance payout for a medical malpractice claim in Missouri has increased from $33,000 in 1990 to $150,000 by 2004.

Kansas City medical malpractice lawyers McShane & Brady work hard to make sure that you get the compensation you deserve so that you can heal.

How do you prove medical negligence?

Negligence, and even more so medical negligence, is hard to prove. To prove medical negligence, your attorney must:

  1. Establish a legal duty.
  2. Prove breach of the duty of care.
  3. Prove causation as an element of medical negligence.
  4. Show damages as an element of medical negligence.

Over the next few weeks, we will be breaking down these elements to help you better understand the process of proving medical negligence.