Medical malpractice cases are more complex both procedurally and substantively than ordinary personal injury claims; however they are considered being personal injury claims. If you or a loved one have been injured as a result of medical malpractice, then you should consult with a medical malpractice lawyer. However, it can be extremely helpful to have some answers to some common and general questions that arise in the medical malpractice claims field.
What are some common examples of medical malpractice?
Misdiagnosis is one of the most common types of malpractice, which happens when a doctor diagnoses the patient with the wrong type of illness or does not diagnose them as promptly as a competent doctor should have. Medical malpractice is also often seen during surgery, because errors and surgery are extremely common. Doctors have operated on the wrong part of the body of the wrong patient or they have left foreign objects in the patient’s body, they have lacerated a perforated surrounding organs they were not operating on, or they have improperly administered or monitored anesthesia. My practice often happens when a doctor prescribes the wrong medication to a patient or when a nurse provides them with the wrong medication or the wrong dose of that medication. Some of the most tragic malpractice accidents arise in the context of birth injuries which affect a fetus or a newborn child.
Who can you sue in a medical malpractice claim?
When it comes to suing somebody in a medical malpractice claim, you can sue any individual who committed the malpractice. Oftentimes, the defendant will be a doctor, but sometimes a patient was a nurse, an anesthesiologist or another hospital staff member. They may also sue the hospital as a whole. And sometimes people may have a reason to seal multiple individuals who contributed to the air, especially if it is not immediately obvious who is responsible. If the person who committed the malpractice is an employee of a hospital or another staff member, any patient can sue the entity as well. They would need to show the employee was acting in the scope of their job duties when the malpractice occurred. A patient cannot sue a hospital. The doctor committed the malpractice as most doctors are not employed by hospitals, however, there are exceptions to this rule.
How much is my case worth?
This is going to depend on a combination of objective and subjective factors. Most images are medical my practice cases or compensatory damages, which means they are intended to reimburse affection for the financial, physical and emotional competences of the malpractice. Sometimes our economic damages are often on special damages that cover items such as medical costs, lost income and the cost of future treatment and other losses that are objective. Nonconomic damages are also known as general damages and they cover the subjective pain and suffering of the patient as well as other types of harms that are challenging to quantify. You would qualify for noneconomic damages if you suffered a disability or loss of function, and you are likely to receive a higher award if you suffer a disability or loss of function.