Medical Negligence Compensation
Compensation from a medical negligence claim can help you with your medical bills and recovery and ease your pain and suffering. While the challenge of fighting for a settlement after an injury can be overwhelming, you can get the compensation you rightfully deserve through the help of an experienced attorney.
Now, you might be wondering how medical negligence compensation is calculated. It depends on the type of injury you have, its severity, and the costs associated with the long-term impacts of your injury. There are broad categories of rules and some general principles that apply to most medical negligence lawsuits. This blog will provide you with a general overview of medical negligence and how to file a lawsuit to receive compensation.
What is Medical Negligence
The legal term medical negligence is synonymously used with medical malpractice; however, medical negligence is only one requirement in a medical malpractice lawsuit.
Medical negligence involves an individual not receiving the care expected of a medical professional, which can cause an existing injury to worsen or directly cause a new injury. There are numerous ways that this type of negligence can happen, including surgical errors, misdiagnosis, or incorrect treatment.
Medical negligence is a legal concept upon which these types of medical malpractice cases hinge. On its own, negligence is not enough to form a compelling claim, but if the negligence causes harm to a patient, there may be a solid case.
How To Make a Claim
After it’s been determined by the patient or their family that a wrongful death or an injury has occurred due to medical malpractice, it may be necessary to file a lawsuit to help with the emotional and financial burdens the individual or their loved ones will face.
First, you will need to find and retain an attorney who has experience with medical malpractice litigation. Most attorneys will offer you a free consultation where they will discuss your case. You will get professional guidance and legal advice throughout the entire legal process. Your attorney will explain settlement options that will cover all of your future and current expenses. You may also receive additional money for any pain and suffering you may have experienced due to your negligent medical care and associated damages.
Your lawsuit will be filed once the lawyer has obtained all of the necessary evidence they will need to prosecute and prepare your case. The hospital or doctor being sued will then receive a notice about the suit. The defendants’ insurance company will use their medical malpractice defense lawyers to start their own investigation.
The settlement negotiation process starts as soon as your lawsuit is filed and the defense lawyers have concluded their investigation and decided what their position will be. This process can take several months, depending on the amount of money involved and the case’s merit.
Proving Your Medical Negligence Case
You will need to establish that your physician or another healthcare provider failed to provide adequate medical care under the law and that you suffered an injury as a result.
Healthcare providers are not responsible for every negative medical outcome that occurs. Liability only becomes an issue if the medical provider failed to follow the established guidelines set by their employer.
Because medical malpractice cases are so complex, a medical malpractice attorney must be able to prove and establish the following:
- Duty of Care: Healthcare providers have a duty to provide patients with an expected standard of care.
- Breach of Duty: If a healthcare provider doesn’t provide a patient with an expected standard of care, they have breached their duty of care.
- Causation: An injury or illness occurred as a result of the breach.
- Damages: The patient sustains losses because of the injury.
Receiving Compensation for Your Injuries
Damages can be legally awarded for harm done to an injured plaintiff. Compensatory malpractice damages are provided to them as financial compensation to cover economic or non-economic losses.
Actual damages, or economic losses, that an injured patient may suffer can include:
- Pain and suffering
- Medical expenses
- Lost earning capacity
- Loss of consortium (spousal relationship)
- Lost wages
Time Limits for Medical Negligence Claims
Each state has a rule known as a “statute of limitations,” which sets a time limit when you can file a medical malpractice case. This means filing an initial complaint against the healthcare professional, doctor, or care facility in the civil court system. In some states, you may also need to file an affidavit or another sworn statement where your attorney or an expert witness declares that your lawsuit has merit.
According to the statute of limitations, a specific time limit can be set for filing a medical malpractice lawsuit. Still, there could also be a more extended deadline that applies to any injury-related lawsuit, including medical malpractice cases.
The clock starts running on the day that the alleged malpractice occurred, regardless of how long your state’s deadline may be (two years, three years, etc.).
While the statute of limitations may differ in each state, one thing holds true across all jurisdictions. If you attempt to file a medical malpractice case after the statute of limitations runs out, your case will be dismissed in court. That’s why you must pay attention to the deadlines; otherwise, you will forfeit your right to file a lawsuit.
Getting Professional Legal Help
If you or a family member is a victim of medical malpractice, you are not alone. Our free, no-obligation case consultation includes a complete evaluation of your case. If you have a compensation claim, we will work to ensure that the responsible party is held accountable for their negligent actions and secure compensation for your injuries, lost wages, and everyday living expenses.
If you or a loved one has experienced medical negligence, you may be entitled to compensation. Contact The Eichholz Law Firm by filling out our Free Case Evaluation Form or call 855-551-1019.