Medical malpractice cases can be extremely complex and difficult to navigate. The law surrounding medical malpractice cases is very specific and it’s important that you get help from an experienced medical malpractice lawyer if you think your doctor has harmed you or your family in any way.
Medical Malpractice Cases
Medical malpractice is a serious issue, and it can lead to death. It can also lead to serious injury and emotional distress. In addition, medical malpractice cases can cause financial hardship for plaintiffs who are forced out of work and forced into poverty. Because they were injured by doctors or other healthcare providers while they were receiving medical treatment.
Intentional Injuries
Intentional injuries are those that a person causes to another person. They can be caused by intentional acts or negligence. Intentional injuries include:
Personal injury — an injury that occurs as a result of an individual’s actions and does not involve environmental factors or equipment failure.
Bodily harm — an injury that causes physical pain or discomfort, such as bruising, cuts and burns.
Disfigurement — damage to someone’s face or body that prevents normal appearance (e.g., blindness).
Negligent Treatment, Diagnosis and/or Failure to Order Proper Tests
Negligent treatment can be defined as the failure to provide adequate care in an emergency situation. For example, if you are injured and your doctor does not order a CT scan or x-ray for your injuries, that would be negligent treatment.
In contrast, negligent diagnosis occurs when a medical professional makes an incorrect diagnosis and supposes that there is no need for further testing unless it’s needed to confirm or correct their initial diagnosis. This type of mistake could lead to unnecessary surgery which could cause more harm than good (like leaving an open wound untreated).
Another form of malpractice damages involves failing to take prescribed medications correctly—this may result in side effects such as nausea, vomiting or diarrhea which can lead back into the hospital system again where another round of expensive tests will have been wasted on someone who may not have needed them originally!
Failure to Provide Adequate Medical Care
In a medical malpractice case, failure to provide adequate medical care can be a result of negligence, malpractice or mistreatment.
It’s important for you to know that failure to provide adequate medical care is not considered a separate type of injury from other types of injuries. For example, if your doctor fails to diagnose and treat your sprained ankle properly and leaves out an essential part of treatment (such as giving you crutches), this would be considered negligence in addition to the fact that he didn’t give proper advice about icing the injury or use other methods such as heat packs and ice bags.
Failing to Properly Prepare a Patient for Surgery or Other Procedure
In many cases, doctors fail to properly prepare patients for surgery or other procedures. They fail to tell them about the risks of not taking medication before their operation; they also fail to tell them about the risks of complications from anesthesia or other medical interventions.
In some cases, it’s not clear whether a doctor has adequately warned his or her patient about these issues beforehand. But if you think that your doctor should have warned you about something and didn’t do so, then this could be considered malpractice on his part (and potentially subjecting him/herself to liability).
Statutory Damages in a Medical Malpractice Case
Statutory damages are a type of monetary award that can be awarded by a court when the plaintiff’s injuries are due to someone else’s negligence. Statutory damages are paid out in addition to any other compensation you receive from your legal case, such as an attorney’s fee or punitive damages.
Economic Damages In Medical Malpractice Cases
Economic damages are the financial losses you might have suffered as a result of the error or malpractice. These losses can include:
Lost wages. If you were fired from your job because of an injury, this is economic damage.
Medical bills and therapy costs that would have been avoided if no injury occurred (prescription drugs, visits to specialists).
Out-of-pocket expenses like transportation costs and lost income while recovering from surgery or therapy sessions (traveling between medical appointments).
Non-Economic Damages in Medical Malpractice Cases
Non-economic damages are not covered by insurance. They can include pain and suffering, loss of consortium, etc. Non-economic damages are difficult to quantify. Because they’re subjective and often based on things like how much the patient felt in the moment or their thoughts about what happened to them during treatment.
Non-economic damages are also difficult to prove. In order for a plaintiff’s attorney to establish non-economic damages as part of their case against a medical provider, there must be evidence that these types of losses were caused by:
- The actions of an employee or agent (such as an attending physician) who engaged in malpractice.
- A breach of duty owed between two parties—a doctor treating someone with cancer versus their family members who could have been harmed while they were being treated.
Will I Get a Medical Malpractice Settlement?
Most medical malpractice settlements are based on a percentage of the plaintiff’s lost income. This is because the damages for wrongful death and pain and suffering can be difficult to calculate, which means that it’s more likely that you’ll get paid the same amount regardless of how much money your lawyer takes in.
However, not every case results in an out-of-court settlement. If you think your lawsuit could result in a sizable payout, we strongly recommend hiring an experienced attorney who knows how much money they can realistically make off their clients’ claims.
Getting Help With a Medical Malpractice Lawsuit
If you’ve been injured in a medical malpractice case, it’s important to know that there are many different ways to get help with your claim. You can hire a lawyer or an attorney on your own. If you choose this route, be sure to ask questions about their experience and qualifications before making any decisions about hiring them.
As a result of this information, you should be able to recognize the different types of damages in a medical malpractice case. You can also learn about how these damages are awarded and what factors go into determining them.
If you have been injured and are looking to get justice, call EB Personal Injury Lawyer In Stoney Creek. Call us at 1-800-289-5079.
