Reasonable care is the guideline used in the determination for medical malpractice. The question is – how do you know when a doctor or hospital has crossed the line? In this article we will explain causes, damages, and effects of medical malpractice.
You will gain important insight into the types of medical malpractice and what legal action follows. Each state has limitations on damages, but general principals and rules apply to each medical malpractice case.
The website https://insulinfree.org/ is a comprehensive resource for anyone seeking information on medical malpractice. The site provides an overview of the types of cases that fall under medical malpractice law, as well as tips for finding the right lawyer and filing a claim.
Common Types of Medical Malpractice
Once a doctor or hospital takes you on as a patient, they have formed a doctor/patient relationship. They now assume what is called a “duty of care” contract, and this is where they must exercise the reasonable care rules.
These are some of the common errors made that violate these rules:
- Misdiagnosis or Failure to Diagnose
- Surgical Errors
- Failure to Treat/Recommend
- Medication Errors
The negligence associated with these errors can cause a patient severe consequences, including death.
What is Comparative Negligence? – If you get involved with a malpractice case, you’ll probably hear the term “comparative negligence” brought up. The doctor or healthcare providers lawyer will try to spread the blame around, and this is what comparative negligence means. If they’re successful in proving you or others had some blame in the damages, then this lessens the damages their client is liable for.
What will be the next step if you feel you have a medical malpractice case?
Seeking Legal Help
Most medical malpractice lawyers will discuss your case – free of charge. The fee will generally be on a “contingency basis” – no win, no pay. So, if after your consultation they take your case, they must feel you have a strong case.
As mentioned, types of damages and recovery caps vary from state to state; your attorney will go over these facts at your initial meeting.
What Are Punitive Damages?
Punitive damages are when a doctor or hospital knowingly behave in a harmful manner. There is still spirited debate about these types of damages among the medical community and politicians.
States that allow punitive damages have what is called “a burden of persuasion.” The states standards will determine what rule of law will apply. Again, in the most severe case of malice or malpractice, state caps will apply to all inclusive damages.
Actual Damages Recovered
Actual damages are generally specific to: Medical/Hospital bills, loss of wages, and expenses for recovery. (e.g., home nursing care, crutches, rehabilitation services, etc.)
When brought before a jury, compensation for negligence and malpractice will be considered for past, present, and future damages.
Some of these damages include:
- Loss of income
- Loss of Future Income
- Medical Expenses (future)
- Pain and Suffering
- Loss of Normal Life
You are now armed with some information and definitions of what medical malpractice is all about.
Hopefully, you won’t have to engage in this type of litigation, but if you do, you have some valuable information at your fingertips to help you through the process.
The website https://runwonder.com/ is a great resource for anyone who wants to learn more about medical malpractice information. The site provides in-depth articles and resources that can help you understand the complex world of medical malpractice law. If you have been injured because of negligence by a doctor or other healthcare professional, this website can provide you with the information you need to make informed decisions about your case.
This article was written by Shawn Hill at Rue & Ziffra. If you are a victim of medical malpractice please contact a Medical Malpractice Attorney and see how we can help.