Medical Malpractice Compensation – What You Need To Know

Last updated on July 21, 2023

Your medical care provider’s actions or inactions will directly impact your health as a patient. If you have been harmed by the medical care you received, you may be a victim of medical malpractice.

Medical malpractice happens when a medical care provider acts in a way that is not the accepted standard of care for a medical condition.

Common Medical Malpractice Issues

Medical malpractice can happen in many different ways. However, some ways are more common than others. These types of malpractice include:

  • Misdiagnosis or Delayed Diagnosis
  • Surgical Errors
  • Surgical Infections, Transmittable Diseases
  • Childbirth Injuries
  • ImproperMedications

It must be understood that medical care that is out of the Standard of Care and causes harm to a patient is medical malpractice. You must speak with a medical malpractice attorney if you believe a medical care provider has harmed you.

I Was Not Told About The Risks Of A Procedure – Now I Am Injured

Doctors are obligated to inform patients of risks associated with a medical procedure so the patient can make an informed decision about the procedure. They are not required to disclose every potential risk because that is an unknown factor, but they must disclose the common risks of any procedure.

To determine if your injury from a medical procedure was a risk that should have been disclosed, your attorney must answer the question: Would another medical care professional have disclosed this issue? If the answer is yes, and you were not informed, malpractice has occurred.

Can Nurses Be Held Accountable For Mistakes?

If a nurse makes a medical mistake that leads to harming the patient, the hospital or care facility is most often held responsible for their actions. Of course, this will depend on the nature of the mistake, their employment standings, and any contracts the nurse may have signed with the facility where they work. Many nurses carry malpractice insurance on themselves when they work as independent contractors.

Additionally, a doctor in charge of the patient’s care may be held responsible for the nurse’s actions if they had control to prevent the malpractice from happening but did not act accordingly. You will need to speak with a medical malpractice attorney to determine who the responsible parties would be when malpractice happens by a nurse.

Medical Malpractice Compensation – What You Need To Know

If you are a victim of medical malpractice, you have the right to seek compensation for your losses. The types of compensation that you are entitled to will depend on the facts of your case. The most common forms of compensation conclude:

  • Medical expenses. This will include all of your current medical expenses related to the injury and any future costs for correcting or managing the injury.
  • Lost wages. If you missed work because of the injury, you are entitled to receive compensation for your lost wages and other employer-paid benefits that you might have received if you were able to work.
  • Future earning capacity. If you cannot return to your job full-time or at all, you are entitled to receive compensation for your future earnings and benefits.
  • Cost of services. This can include a wide range of items. Cost for special medical equipment or supplies to care for your injury. Costs for retrofitting your home or vehicle to accommodate your injuries. Cost for personal services you can no longer do because of your injuries, like cutting the lawn or walking your dog. Your lawyer will discuss what expenses can be included in this compensation category.
  • Pain and Suffering and Mental Anguish. This is a non-economic form of compensation and will be based on many factors specific to your case.

Other forms of compensation may be available to you. For an accurate look at the types of compensation you are entitled to for your injury, you will need to speak with a medical malpractice attorney in your state.

Pain and Suffering Caps

Some states have enacted laws that cap the amount you can receive for pain and suffering with a medical malpractice suit. Your attorney will tell you if this cap applies to your case. This will not impact any other area of your compensation claim.

Punitive Damages

Sometimes, the court will award punitive damages for a medical malpractice case. These damages are awarded independently of any other form of compensation and are meant as a punishment. By imposing this monetary punishment, the responsible party will understand the seriousness of their negligence.

Punitive damages are only awarded if the court finds that the malpractice occurred due to willful intent or blatant disregard for the patient’s well-being. This type of compensation is rare in medical malpractice suits, but it can happen.

Medical Malpractice and the Statute of Limitations

Medical malpractice suits differ from other personal injury lawsuits regarding the Statute of Limitations. In a regular personal injury suit, a person must file a compensation claim between six months and two years, depending on state laws.

Injuries from medical care, however, may not be as apparent as other personal injuries. There may be a delay before the patient realizes they have been harmed. Because of this, the Statute of Limitations starts when the patient discovers they have been harmed.

Contacting a medical malpractice attorney is important as soon as you realize you have been harmed by the medical care you received. Delaying your compensation claim can put you past the time limits of the Statute of Limitations. If you miss this cut-off time, you will not have any right to seek compensation.

Speak With A Medical Malpractice Attorney In Your Area Today

If you or your loved one has been harmed by the medical care you received, it is time to speak with an attorney. To be connected with a medical malpractice attorney in your area, click the “Find a Lawyer” button on this page. We will connect you with an attorney in your area that can help you with your case.

Choosing A Lawyer

Here are some things to consider when seeking legal representation:
- Interaction, Communication, and Response Time
- Reliability and Compatibility
- Education, Legal Experience, and Local Engagement
- Professional Networks and Memberships
- Prior Settlement Results
- Online Reviews

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