Making the Decision to File a Medical Malpractice Case

Entrusting one’s health to a medical professional and team means that a patient can reasonably expect his or her care providers to act in accordance with laws and regulations that govern the industry. There is no excuse for substandard medical care. Sadly, many patients suffer severe injuries, sometimes even death, due to medical negligence in this state and throughout the country. When this happens, making the decision to file a medical malpractice case becomes a priority.


It is understandable that a person recovering from a medical injury might be hesitant or even fearful to file a medical malpractice claim. However, it is important to consider the possible implications of not doing so. If medical professionals are not held accountable for their negligence, it is impossible to predict how many more patients might suffer similar injuries when the same type of negligence keeps occurring. These cases are important so that these situations do not keep reoccurring.


Patient advocacy prevents future medical malpractice cases

By filing a medical malpractice claim in civil court, a patient may not only obtain financial recovery for his or her losses but may also prevent the defendant/defendants from causing similar injuries to future patients. Throughout Indiana and the rest of the country, preventable errors, such as performing surgery on the wrong patient or wrong part of the body, as well as medication errors or failed communication between medical departments have not only caused severe injury and illness but, in many cases, have also caused fatalities.

When a patient or parent (or legal guardian) of a minor advocates for quality care by seeking justice following an incident that resulted in injury due to negligence, repeat incidents may be prevented. A plaintiff in a successfully litigated case may also receive compensation for damages that help alleviate any financial distress associated with the events.


Seeking justice provides a sense of closure

In addition to physical injuries and illnesses that occur because of medical negligence, such events are emotionally traumatic, as well. One can only imagine the grief of being scheduled for a knee replacement surgery, only to awaken from anesthesia to discover that the surgeon operated on the wrong knee. When a patient is a child who has suffered injury or, worse, has died, parents experience unfathomable grief and emotional distress.

Navigating the civil justice system takes time, mental focus, and effort. However, many people say it brings closure and emotional healing to hear a judge announce that a defendant is being held accountable for his or her (or their) negligence.


Policies and regulations often change to improve patient safety

Another possible benefit of filing a medical malpractice case is that such cases often compel lawmakers and policy writers to make important changes that help prevent such injuries from occurring again. Such incidents may also prompt local law enforcement to investigate a particular case, which may lead to criminal charges, such as in cases of patient abuse. Filing a claim may be the first step toward obtaining justice.

Patient safety is often first and foremost in medical facilities, but sometimes, people get into the medical field for the wrong reasons and hurt people. Whether the negligence and malpractice is intentional or not, there needs to be a bigger emphasis on patient safety so that people do not continue to get hurt.