In a medical malpractice lawsuit, a patient who was injured by the negligence of a health care provider seeks compensation for his/her injuries. Injuries can cause a patient to suffer different damages. Below, David Austin gives a brief review of some of the damages that a patient may recover. He also gives a brief review of some of the ways medical providers can be negligent.
By David Austin
Malpractice is a form of negligence by a professional. Regarding medical malpractice cases, negligence occurs when a healthcare professional such as a doctor or nurse, does not perform to the level of standards of care and that negligence resulted in harm to the patient.
There are laws in every state that allows medical negligence victims to file a malpractice lawsuit against the party responsible. By filing a malpractice lawsuit, the victim can recover damages due to the injury such as:
1. Mental anguish
2. Loss of a companion/loved one
3. Loss of enjoyment of life
4. Permanent injury or disability
5. Lost wages
6. Medical treatment expenses
To find out if you have a legitimate claim, speak with a medical attorney. An experienced attorney will evaluate your case to determine if you can legally go on with the proceedings. They will be able to decide if the injuries you suffered were a result of a healthcare professionals’ negligence.
It is important that you take legal action if you suspect you were a victim of medical malpractice as soon as possible. Medical malpractice cases have a statute of limitations that will prevent you from filing a claim if it is not done within a certain amount of time. The law varies by each state but is usually 1- 3 years from the time of the incident or when it was discovered. A medical malpractice attorney will know these laws and will work in a timely manner to have your case heard.
Do You Have a Malpractice Lawsuit?
Negligence comes in many types. You may be entitled to file a malpractice lawsuit if you experienced the following:
1. Diagnosis mistake – This is one of the most common forms of medical mistakes. These mistakes can include a delayed diagnosis, a misdiagnosis or failure to diagnose. This can involve illnesses including cancer, stroke, blood clots, heart attack and meningitis
2. Surgical errors – Every year thousands of patients are injured because of a mistake during surgery. These mistakes can include the removal of the wrong body part or leaving a medical instrument inside the patient’s body after surgery.
3. Medication mistakes – Any minor mistake (an overdose, under-dose or administration of the wrong drug or to the wrong patient) can have deadly consequences, especially to children or the elderly.
4. Errors made during labor and delivery – Mother and infant are at risk at this time and negligence can result in a birth injury such as cerebral palsy, Erb’s palsy, damage to the brain and stroke.
5. If you do not see your injury listed, you should still have your case evaluated. A malpractice lawsuit can come in many types and may be committed by any healthcare provider such as doctor, nurse, or pharmacist. It is in your best interest to speak with a malpractice attorney if you suffered an injury due to negligence.
Contact Us about Filing a Malpractice Lawsuit
Malpractice lawsuits are technical and complex, but professional attorneys have experience in these types of cases. They have a long and successful record of accomplishment representing clients all over the country. A professional malpractice attorney will evaluate your case at no cost to you and they will go over your legal rights and options.
The above information is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.