Medical malpractice can cause serious damages to individuals and families during what may already be a vulnerable time. Fortunately, a medical malpractice claim may be brought in circumstances when a patient has been harmed by medical negligence or a misdiagnosis while receiving treatment from a medical professional. These professionals can include doctors, nurses, technicians, as well as others. Hospitals may also be responsible when a patient has been harmed by medical negligence.
To determine if a medical care provider was negligent, it is necessary to determine if the victim would have received the same care from another medical care provider in similar circumstances. This is referred to as establishing the standard of care. Once this standard is established, then a victim can try to show how the care they received did not live up to that standard.
Victims of medical malpractice may suffer damages including additional medical expenses, lost wages and lost-earning capacity, and pain and suffering. Likewise, family members of victims of fatal medical malpractice may suffer loss of support and services, loss of companionship, medical and funeral expenses, and additional pain and suffering.
Filing a medical malpractice can be emotionally tough and legally complex. Additionally, there are important time limits to be aware of and other legal considerations such as settlement It is therefore often helpful to have the assistance of a legal professional who can help guide a victim’s family through the process and represent their best interests. After all, a successful claim could bring much needed compensation to help a surviving family find the stability they need to move on with life in remembrance of their lost loved one.
Source: FindLaw, “First Steps in a Medical Malpractice Case,” Accessed Jan. 11, 2016