Medical malpractice claims are a part of the practice of medicine in Pottsville and elsewhere. When a patient feels like they have been harmed while receiving medical care, they have a right to make a claim for medical malpractice. This claim signifies that the claimant believes that the medical professional did not do what they were supposed to do medically thereby injuring the patient. This is a negligence claim whereby the person bringing the claim has to prove particular elements in order to be successful in court.
Recent history suggests that medical malpractice claims are on a steady decline. The number of claims that are processed and the amount of litigation that takes place has changed due to a change in how states now handle these types of claims. Caps and other statutory restrictions on medical malpractice matters are prevalent and changing the way things are done.
Even with claims of this nature being phased out in a sense, medical malpractice is still a viable claim to pursue where appropriate. As mentioned previously, malpractice suits are based in negligence. Therefore, the person alleging that his injuries happened while in the care of a medical professional needs to prove that that medical professional had a duty to that patient, breached that duty and that the breach caused the ensuing injury. Damages are what the patient is asking for to make them whole. Damages could include but is not limited to medical expenses, lost wages and the like.
Although there has been a shift in the number of malpractice suits that are filed, they have not gone away completely.
Source: thetimestribune.com, “Courts shortchange malpractice victims,” Shanin Specter, Nov. 23, 2014