Patients depend on medical professionals for a wide range of health problems. Medical professionals must follow the standard of care when performing their services. Unfortunately, these professionals sometimes fail to do so, hence leading to misdiagnosis, surgical mistakes, medication errors, and more. Medical malpractice is incompetence, negligence, or willful harm by such a professional. It can have major financial and health implications for the victims and their families. Although mistakes happen, this does not excuse negligence. If you are a victim of such a case, you can pursue compensation.
Who to Blame for Medical Malpractice?
A medical malpractice case has can be against one or multiple defendants depending on circumstances. The number of defendants vary depending on how the malpractice occurred and the personnel involved at that time. This is something an experienced medical malpractice attorney can help determine.
What Do I Need to Prove?
Since you are the one filing the claim, you have the burden of proof. This means it is up to you to prove that your doctor or caretaker was negligent. To succeed with your case or at least reach a favorable verdict, you must prove these factors:
- Standard of Care: It is a basic guideline that a sensible medical professional must follow in any given circumstance. To determine the acceptable standard, a relevant medical professional’s testimony is typically required.
- Causation: Once the standard of care has been established, the next thing you must prove is that the medical professional breached the standard of care which led to your injuries. Sometimes, multiple experts in various fields of medicine may be required to verify this.
- Damages: Once you have successfully proven that the defendant caused you harm/injuries, the extent of your injuries must be established. In legal terms, “damages” refer to physical, emotional, or monetary harm that you have suffered. They may include pain and suffering, hospital bills, medical expenses, etc.
Compensation for Medical Malpractice Injuries
Under your state’s medical malpractice law, you may be entitled to compensation for certain damages, e.g.:
- General Damages: These include your emotional distress, pain and suffering, etc. that was caused by medical malpractice.
- Special Damages: If the medical malpractice resulted in injuries that caused you to frequently visit the hospital and/or you were forced to take time off from your work, hence leading to loss wages, then these are the examples of special damages that you may be able to recover.
- Punitive Damages: In a certain case, you may receive extra compensation for these damages. It is only awarded if the negligent behavior of the medial professional was intentional or malicious.
Hilton & Somer, LLC: Medical Malpractice Attorneys licensed to practice in Virginia, Maryland, and D.C.
Medical malpractice cases are complex. If you are a victim of medical malpractice, call Hilton & Somer, LLC. Our expert attorneys will discuss your case with you and help determine whether or not you have a claim. We have the skills, and the knowledge to fight on your behalf. We are here to help you, so feel free to get in touch with us via our online contact form or by dialing (703) 560-0700.
References:
https://www.ncbi.nlm.nih.gov/books/NBK470573/
https://www.cnbc.com/2018/02/22/medical-errors-third-leading-cause-of-death-in-america.html
