Medical malpractice can be defined as a professional negligent act or omission by a hospital, physician or other health care professional during the treatment of a patient that is substandard practice of medicine and results in an injury to the patient. This occurrence is far more serious than a simple mistake or error in diagnosis, but to prove malpractice the individual making the claim has the burden of proving causation, duty to the patient, negligence or breach of duty, and damages in order to have a case. When it comes to appropriate compensation for medical malpractice, there are a number of determinants.
What is the Appropriate Compensation?
So you have presented the evidence proving that the doctor was truly negligent, and that said doctor’s negligence caused your injuries and losses that you suffered. Now, how much do you deserve as compensation? What is the value of your medical malpractice claim?
Special Damages
A lifetime of medical care is typically associated with injuries brought in a malpractice lawsuit. As such, this form of compensatory damage covers both past and future financial costs and expenses you incurred because of the accident. You can look at special damages as those capable of exact calculation. This includes medical costs incurred, loss of wages because you are unable to work, and other expenses, like hospital related-travel, home-help, rehabilitation and medical equipment. So, it is important to secure all receipts and bills to prove you have incurred all of these expenses, in the instance you are asked to produce them.
General Damages
This compensatory damages can be considered non-economic damages, or damages not capable of precise calculation. It covers your mental anguish, pain and suffering and inconveniences you experienced and will continue to experience resulting from the injury sustained. General damages also include what is called “loss of consortium,” which is considered intangible benefits that the injured individual provided to his/her spouse, or in particular states, children. In this case, the court will examine the medical evidence, weigh the extent of the injury and decide the level of damage to determine appropriate compensation.
Caps on Damages
An attorney for medical negligence or medical malpractice could provide you with all the details regarding the cap on damages in medical malpractice cases in your state, if any. In some states, here is a cap on the amount of non-economic damages, including pain and suffering that can be awarded, not taking into account the severity of the plaintiff’s injury, and with no regard for what a jury would have found to be the appropriate compensation.
Medical malpractice plaintiffs should not have to suffer without appropriate compensation that is reflective of the level of harm done. Compensation should cover both past and future financial costs and expenses you incurred because of the accident, as well as mental anguish, pain and suffering and compensatory damages related to “loss of consortium.” Still, it is important to know if your state has laws putting a cap on damages.
When Things Go Wrong: When Negligence is Involved, You Deserve Appropriate Compensation
Medical malpractice can be defined as a professional negligent act or omission by a hospital, physician or other health care professional during the treatment of a patient that is substandard practice of medicine and results in an injury to the patient. This occurrence is far more serious than a simple mistake or error in diagnosis, but to prove malpractice the individual making the claim has the burden of proving causation, duty to the patient, negligence or breach of duty, and damages in order to have a case. When it comes to appropriate compensation for medical malpractice, there are a number of determinants.
What is the Appropriate Compensation?
So you have presented the evidence proving that the doctor was truly negligent, and that said doctor’s negligence caused your injuries and losses that you suffered. Now, how much do you deserve as compensation? What is the value of your medical malpractice claim?
Special Damages
A lifetime of medical care is typically associated with injuries brought in a malpractice lawsuit. As such, this form of compensatory damage covers both past and future financial costs and expenses you incurred because of the accident. You can look at special damages as those capable of exact calculation. This includes medical costs incurred, loss of wages because you are unable to work, and other expenses, like hospital related-travel, home-help, rehabilitation and medical equipment. So, it is important to secure all receipts and bills to prove you have incurred all of these expenses, in the instance you are asked to produce them.
General Damages
This compensatory damages can be considered non-economic damages, or damages not capable of precise calculation. It covers your mental anguish, pain and suffering and inconveniences you experienced and will continue to experience resulting from the injury sustained. General damages also include what is called “loss of consortium,” which is considered intangible benefits that the injured individual provided to his/her spouse, or in particular states, children. In this case, the court will examine the medical evidence, weigh the extent of the injury and decide the level of damage to determine appropriate compensation.
Caps on Damages
An attorney for medical negligence or medical malpractice could provide you with all the details regarding the cap on damages in medical malpractice cases in your state, if any. In some states, here is a cap on the amount of non-economic damages, including pain and suffering that can be awarded, not taking into account the severity of the plaintiff’s injury, and with no regard for what a jury would have found to be the appropriate compensation.
Medical malpractice plaintiffs should not have to suffer without appropriate compensation that is reflective of the level of harm done. Compensation should cover both past and future financial costs and expenses you incurred because of the accident, as well as mental anguish, pain and suffering and compensatory damages related to “loss of consortium.” Still, it is important to know if your state has laws putting a cap on damages.
