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Malpractice cases and payouts are expensive. Due to the enormous amount of expenses that are dealt out to victims of malpractice, everyone somehow eventually pays to keep the healthcare system floating. Higher physician insurance, higher bills for patients and more expenses for procedures all rise due to malpractice. In a perfect world, malpractice does not exist, but individuals make mistakes. Legal Nurse Consultants play a key role in determining if malpractice occurred for numerous law firms. They help decide if a case has merit or not and if the procedures were within the standards of care.

A Legal Nurse Consultant helps determine the validity of a malpractice case

Ultimately, some malpractice cases are more expensive than others. In the article, “When medicine goes wrong: 5 of the most expensive malpractice lawsuits” from the Gazette, the most expensive malpractice cases are listed. Among them are brain damage claims, cancer treatment, loss of limbs, misdiagnosis leading to death, heart attack treatment and anesthesiology errors. The article states,

“In the United States of America, medical negligence is one of the most frequent causes of death, with more than 200,000 deaths a year as a result of malpractice. In general, those health professionals who are affected by this situation are the ones who make a mistake when making a diagnosis, when prescribing medicine or by not establishing adequate communication with their patients or colleagues in the transfer of a person.”

“When medicine goes wrong: 5 of the most expensive malpractice lawsuits” The Gazette. January 21st, 2023.

To read the entire article, please click here

Commentary

Legal Nurse Consultants play a large role in determining malpractice for law firms. They help investigate the case and see if it has any merit. They look to see if the care giver deviated from standard of care or if made a dangerous decision. Furthermore, Legal Nurse Consultants play roles in the court room as expert witnesses regarding the case.

What is malpractice?

Medical malpractice involves deviance from standard of care resulting in critical error and injury to the patient due to neglect of the healthcare provider

Malpractice, also known as medical negligence, is when a medical professional or facility fails to provide proper medical care. In most cases, malpractice occurs when a medical professional or facility fails to provide the standard of care that a reasonable medical professional would provide in a similar situation.

When medical malpractice occurs, the patient may suffer physical, emotional, and/or financial harm. The patient is then entitled to file a malpractice claim, which is a civil lawsuit that seeks to recover damages for the harm done. Legal firms work with Legal Nurse Consultants to determine validity of each case.

Types of medical malpractice cases

Medical malpractice cases come in all shapes and sizes. Some of the most common types of medical malpractice cases include:

Misdiagnosis or delayed diagnosis
Failure to provide appropriate treatment
Surgical errors
Birth injuries
Medication errors
Wrongful death

In each case, the patient is seeking to recover damages for the harm they have suffered. To do this, they must prove that the medical professional or facility was negligent and that the negligence was responsible for their injury or illness.

The costs of medical malpractice

The costs of medical malpractice can be astronomical. In addition to medical expenses and lost wages, a patient may also be entitled to pain and suffering damages, which can range into the millions of dollars.

In some cases, the medical malpractice may have resulted in a wrongful death. In this case, the victim’s family may be entitled to compensation for funeral expenses, emotional distress, and loss of companionship.

The most jaw-droppingly expensive malpractice cases

When it comes to medical malpractice cases, some of the most jaw-droppingly expensive are those that resulted in a wrongful death. For example, in the case of the “Black Widower,” Richard Anguiano was found guilty of murder after he caused the death of his wife by improperly administering medication. The family of the victim was awarded $10 million in damages.

Another example is the case of John and Loretta Capone. After John suffered a fatal heart attack due to medical negligence, his widow Loretta was awarded $25 million in damages. This was the largest settlement ever awarded in a medical malpractice case in the United States.

These cases are just the tip of the iceberg. There have been numerous other cases where medical malpractice has resulted in huge financial awards, including a $37.6 million award to a family whose son was born with cerebral palsy due to medical negligence, and a $26.6 million award to a family whose daughter was born with birth defects caused by medical negligence.

How to reduce the risk of malpractice claims

While it is impossible to eliminate all risks of medical malpractice, there are steps that medical professionals and facilities can take to reduce the risk of a malpractice claim. These steps include:

Ensuring that all medical staff are properly trained and certified
Utilizing evidence-based practices
Keeping accurate and detailed medical records
Documenting all patient interactions
Following up with patients after treatment
Adhering to safety protocols

By taking these steps, medical professionals and facilities can reduce the risk of a malpractice claim and provide the best possible care to their patients.

Perspectives on malpractice

When it comes to medical malpractice, there are multiple perspectives to consider. On one hand, medical malpractice cases can be incredibly expensive, and can have a major impact on a medical professional or facility’s bottom line. On the other hand, medical malpractice cases are often necessary in order to ensure that patients receive the care they deserve and are entitled to under the law.

It is important to remember that medical malpractice cases are not about punishing medical professionals or facilities, but rather about ensuring that patients receive the highest quality of care.

Conclusion

Legal Nurse Consultants investigate malpractice cases. Please review AIHCP’s Legal Nurse Consulting Program

Medical malpractice cases can be incredibly expensive, especially when they result in a wrongful death. These cases can also provide important lessons to medical professionals and facilities, and can help ensure that patients receive the care they deserve.

At the end of the day, it is important to remember that medical malpractice cases are not about punishing medical professionals or facilities, but rather about ensuring that patients receive the care they are entitled to under the law.

If you wish to work in the malpractice field as a Legal Nurse Consultant, then please review AIHCP’s College of Legal Nurse Consulting. The Legal Nurse Consulting Certification is a four year certification that one can earn by taking the online courses. Please review and see if the Legal Nursing Programing meets your academic and professional goals.

Additional Resources

“What is medical malpractice?”. Yvette Brazier. April 5th, 2017. Medical News Today. Access here

“Marginal medical malpractice cases harm everyone”. Frank Francone. September 6th, 2022. Washington Examiner. Access here

“The Malpractice Crisis”. Frank Spencer. April 2005. AMA Journal of Ethics. Access here

“What Is Medical Malpractice?”. WebMD Editorial Contributors. September 19th, 2022. WebMD. Access here

Legal Nurses Consultants Can Help One Through the Maze of the Social Security Disability Program
Legal Nurses! The Social Security Disability program is operated by the Social Security Disability Administration that caters to provide financial assistance to those people who are physically or mentally disabled. General tax revenues fund this program and it is so designed that both the disabled person as well as their family members get its benefit. In simpler term the Social Security Disability service can be defined as an insurance program that provides benefits to the insured disabled person if he has been paying his social security taxes. Certified Legal Nurse Consultants can be of a great service in understanding the complexity of this system and in some cases even help someone who is being unjustly denied a claim.
A very important criteria for this insurance claim to be accepted is that the aggrieved party, who is the person asking for the claim, has to be totally disabled, i.e., he should be unable to do any of the works he had been doing earlier. Also a person with a short term disability or a partial disability will not be qualified to claim the insurance money. Another criterion is that the disability should have lasted for more than one year and that it must have resulted in death. Only if these criterions are met with, only in that condition the claim can be made.
There is a five step procedure that is needed to be met up with first. The applicant has to face a question at each level. He will be asked about certain areas that include his current employment status, the severity of his condition, whether he meets with the criteria presented by the Social Security Disability system and whether the applicant is in a position to do the work he had been doing previously.
The Social Security Disability benefit is a struggle in its own right since all the criteria of the system needs to meet up in order to claim the benefits. Though the Social Security Disability administration claims that they receive applications from among ten to twelve million people every year, more than half of them are rejected in the first step. The entire process takes a lot of time and is full of hassles. Although it takes less than four months for a strong claim to get accepted, for the others you will need to reapply and then it will again start from process one, thereby taking most of your time and actually taking more than one or two years to finally settle down either in your favor or the administration’s. Before claiming the insurance money, it is always better to go through the Social Security Disability website and see what all criteria’s are needed to be provided. You need to prepare yourself beforehand for this. Make a list of whatever you need and ensure that you take all the necessary documents along with you to their office. You really need to file the Social Security Disability claim as soon as possible.
As already mentioned, the process actually takes a lot of time and hence it is absolutely necessary to work in advance. Be extremely cautious while filing up the form since a majority of the claims are denied by just looking at incomplete forms. Therefore check the form twice and is needed thrice to ensure that no place is left blank, all the spaces are filled correctly and that nowhere in the forms do the claims disparage with one another. Again this where the service of a legal nurse consultant or other health and legal professional can be invaluable.
While checking on the form your updated medical reports are keenly examined since that is the place where you can be denied of your claim. Therefore make sure that you keep visiting the doctor regularly and do not forget to collect medical reports from them since they are the evidences on which your case will stay. Also during the entire process if you get a respond mail from them, immediately reply to it. Also remember that in case of any query or assistance during the trial period, do not call the Social Security Disability center since they would not answer any of your query. Instead call the Disability Determination Services who are the most appropriate people to answer them.
If somehow the claim gets denied, ensure that you are appealing with the Social Security Administration within sixty days of getting the denial letter. You can then take the matter up to the tribunal court through an attorney and your case will get decided then. Also remember that there are no limits to the number of times you can apply for the claim. Therefore if being denied previously, if after five years you feel that your case is more stronger, you can definitely apply then. The Social Security Disability is after all, programmed to help the needs of those who cannot help themselves.
Legal Nurse Consultants can help one through this difficult gauntlet. Doing it by oneself can lead one to waisted time and lost funds. The aide of Legal Nurse is extremely important and should be considered by the elderly and those who have little understanding of the system.
If you are interested in certifications in legal nurse consulting, please review the program.

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Most Expensive Malpractice Cases