The issue on medical malpractice is one that is gaining momentum by the day. The occurrence of malpractice claims has increased by 10 percent yearly (Danzon, 1991). More and more people are not getting effective medical care owing to the malpractice of physicians. A rough estimate is that, in North America alone, one per hundred hospitals report cases of injury neglect (Danzon, 1991). Severity, which is the mean amount per claim, increased two fold as consumer charge plus malpractice premiums amplified. As a result, medical liability is a contentious issue whose outcome is highly unpredictable. .
Estimates indicate that at least once in their professional career patients sue physicians. In as much as this is the case, obtaining of compensation for the victims of medical malpractice is becoming more difficult. Sometimes these lawsuits drag in court over long periods. Eventually lawsuits become trials that can go on for years. In this case, surgery is a three-stage process. The first stage is pre-surgery then the actual surgery and finally post-surgery care. Many doctors fail on the post-surgery care, whereby they fail to give the patient the required medication. This way the patient develops complication based on the surgery performed on them.
The first cause of action is seeking legal counsel. Just as John Smith did, this is usually the most crucial element of medical malpractice lawsuits. An "avoidability" standard threatens the method by imposing a policy that would pass the patient's injury as an avoidable case and therefore not warrant compensation (Bogdan, 2011). Another crucial component is truth and honesty both on the plaintiff side and the defendant. The plaintiff should be sharp minded and provide detailed occurrences of their experiences during and after treatment or surgery.
Another crucial determinant is in the ability to cross-examine the opposing medical expert witness.
