The previous post on this blog discussed situations in which an Oklahoma resident would be fully justified in filing a medical malpractice lawsuit alleging hospital negligence. For example, if a hospital’s negligence led to long-term medical complications, if a patient is harmed while a hospital is carrying out a fairly simple medical procedure or if a plaintiff can show the basic standard of care at a hospital was not met, then plaintiffs can expect favorable court rulings.
In addition, certain other factors can strengthen a medical malpractice lawsuit. If a patient is harmed beyond any acceptable risk he or she agreed to while going into treatment, grounds are there for a strong medical malpractice case. For example, bile leakage is a common complication after liver surgery. However, if medical staff neglects repeated complaints of a patient about pain arising from a bile leak, it is considered major neglect and thus forms strong grounds for a lawsuit.
Some people file medical malpractice lawsuits to find out why certain medical errors occurred. What would provide better grounds for a stronger lawsuit is the failure of a doctor to communicate clearly with a patient or the patient’s relatives after an incident. Hospitals and doctors are scared of large compensation payouts, so a lawsuit alleging negligence could help prevent repeats of such errors.
Filing a medical malpractice lawsuit is often just the beginning of the story, not the end. There are certain consequences that a plaintiff must be ready to face. For example, a medical malpractice lawsuit against a doctor could end an otherwise cordial relationship. Plaintiffs also must be prepared for a lengthy legal battle with no clear outcome in sight. Finally, plaintiffs should understand that legal action can be expensive, especially if the outcome of the lawsuit is not in their favor.
Source: CNN, “Harmed in the hospital? Should you sue?” Sabriya Rice, Accessed on Jan. 21, 2015