When you enter a medical facility, you walk in placing your trust in the medical professionals. Medical malpractice unfortunately happens more times than it should, and injuries can happen. Situations where medical professionals are negligent are on the rise, and we must take these situations seriously. Where medical malpractice occurs, a lawsuit may soon follow.
The following information will help you should you find yourself in a situation where medical malpractice occurred:
What is Medical Malpractice?
Medical malpractice is a form of negligence that occurs by a medical employee or practitioner. This act of negligence occurs when the professional’s performance departs from the standard of practice ethics that results in the injury of the patient.
Medical malpractice can cause serious injuries and even death to patients. All patients deserve to be treated with the highest standard of care when they enter a medical facility of any kind.
Most Common Forms of Medical Malpractice
Many forms of medical malpractice exist. It is imperative to keep an eye out for any of the following:
- Prescription drug errors
- Failure to order more tests for accurate diagnosis
- Failure to properly treat
- Lost test results
- Misdiagnoses
- Delayed diagnosis
- Childbirth injuries
- Surgical errors
- Procedural mistakes
- And more
Medical errors are the third leading cause of death in the United States according to John Hopkins. Although many procedures are routine, medical negligence can cause life-altering—or even life-ending—consequences.
How to Sue for a Medical Malpractice Claim
In order to sue for a medical malpractice claim, you must first understand that you bear the burden of proof that shows the negligence occurred. You must then prove that you received an injury due to the negligence of another.
Next, you must first address the following:
- Determine whether you have a valid legal claim that proves negligence and a direct injury due to the negligence
- Be sure to file within statute of limitations in the state where the incident occurred
- Find a reputable medical malpractice attorney in your area who can adequately represent you and fight on your behalf
- Decide who to sue and if there are multiple entities that may be responsible for your injuries.
- See if negotiating a settlement is possible
The most important aspect of a medical malpractice case is to state that your doctor or medical professional had an obligation to you. Not only did you trust them, but they also violated that trust. Your medical professional was negligent and directly responsible for the injuries you suffered. You must receive compensation in order to manage the injuries and handle the expenses from this direct cause of harm.
Who Can Be Held Accountable in a Medical Malpractice Lawsuit?
Multiple parties can be held liable in a medical malpractice lawsuit. The most common entities that are often found accountable for medical negligence include:
- Doctors or physicians
- Medical staff
- Dentist
- Technician
- Hospital worker
- Hospitals
- Nursing homes
- Pharmaceutical companies
- And more
Types of Damages in Medical Malpractice Lawsuits
In medical malpractice lawsuits, there are numerous damages you may be eligible to sue for. The most common type of damages in these cases include:
- Medical bills and expenses
- Future medical bills and expenses
- Loss of wages
- Future potential loss of wages
- Additional financial losses attributable to the negligence
- Loss of consortium—or loss of companionship
- Pain and suffering
- Wrongful death
- Emotional distress
- And more
Medical Malpractice Damage Caps
Numerous states across the country have passed damage caps for medical malpractice legal cases. In other words, you may have a limit on the amount of non-economic damages that you are eligible to receive depending on the state in which you reside—or the location where the injury occurred.
As the caps laws vary from state to state, ask your personal injury attorney to provide you with the necessary information you need to get the money that you deserve. Be area that these laws are popping up but are also being stricken down as unconstitutional as they may illegally restrict an injured party’s right to a full and complete legal remedy.
A Legal Team You Can Trust
Finding the right legal team can make all the difference. It is crucial to understand how the legal process works in cases that include medical malpractice. You must know how damages work and what your legal claim can be valued at.
We know that you are in pain and suffering at the hands of a negligent medical agency or provider. We will aggressively defend you in a court of law to ensure you receive the damages you need to heal.
We hold all participating wrongdoers accountable. You should be able to trust your medical care team. When they make medical mistakes that cause injury, we will fight on your behalf and get you your rightful compensation.