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Medical malpractice claim: Don't let the prospect intimidate you

Were you possibly injured by substandard treatment from a healthcare professional? Then you might have questions about a medical malpractice lawsuit. What is medical malpractice and do you have grounds to file such a complaint? Medical malpractices cases arise when doctors and other medical practitioners provide medical care that does not meet the accepted standards of care.

Such mistakes can follow acts of omission, negligence, prescribing the wrong medication or dosage, childbirth injuries, misdiagnoses and more. Victims or the surviving family members of those who died due to medical negligence may pursue financial relief as compensation for the economic and emotional damages sustained.

Typical medical errors

Medical malpractice lawsuits are only viable under circumstances in which the care a person received did not conform to the standard expected from any competent medical professional or facility. The following are examples of medical errors in hospitals that often lead to civil lawsuits:

  • Surgery on wrong body parts
  • Leaving surgical equipment or other objects in the body of the patient
  • Bedsores or pressure wounds
  • Misdiagnosis
  • Administering wrong medication
  • Administering incorrect dosages
  • Persistent pain after surgery

Did you give informed consent?

You are entitled to know precisely what a surgical procedure entails, what the risks are and what the consequences will be if you choose not to have surgery done. It is the responsibility of your doctor to explain all those issues and get you to sign a consent form. Without such consent, liability for any harm you suffered will be on the doctor because he or she did not give you the option to opt out after learning about the risks.

Does the prospect of navigating a lawsuit intimidate you?

It is only natural to feel scared of the unknown, but you need not do this alone. An experienced medical malpractice attorney can provide the necessary support and guidance throughout the legal proceedings. He or she can also explain the elements of such a case.

The defendants in the case could be the medical facility, the doctor, therapist, anesthetist and even medical staff that were following the orders of the doctor or surgeon. You, as the person suffering harm, will be the plaintiff in the lawsuit. The judge or jury will consider the facts based on the evidence provided, and if liability is determined, they will adjudicate your documented claims before entering a monetary judgment.

Types of damages

Compensatory damages typically cover the financial losses such as medical expenses and lost income along with emotional and physical damages like pain and suffering, loss of mobility, loss of life enjoyment and more. The court may assess past and future damages when determining the amount of the judgment. Punitive damages may also be available depending on the facts of your case. 

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