Medical malpractice is a complex and heavily regulated area of law. It refers to a failure by a medical professional to provide the expected standard of care to a patient. The result is usually injury or death. In consequence, lawsuits involving medical malpractice can be difficult to navigate. As a victim of medical malpractice, you may require the assistance of an attorney.
It is important to understand the legal process associated with medical malpractice lawsuits. That includes knowing when to file a suit, who to file it against, and the recoverable damages. Knowing these details can help you safeguard your rights. ChicagoMedicalMalpracticeLawyers.com offers lots of information for people to know about medical malpractice lawsuits.
Here’s what we found.
Types of Medical Malpractice Cases
There are many types of medical malpractice cases. A doctor may fail to diagnose or misdiagnose a condition, resulting in harm to the patient. They might also give the wrong medication or fail to track your response to medication. Any of these missteps could result in injury.
Other cases have to do with birth injuries. A medical professional may fail to exercise proper care during the delivery of a baby. Doing so can result in harm to the baby or mother. And some medical malpractice cases involve anesthesia, pathology, radiology, and surgical errors.
Potential Liable Parties
In a medical malpractice lawsuit, there are typically multiple liable parties. The most obvious defendant in a medical malpractice suit is the healthcare provider. That might include any doctor, nurse, or healthcare practitioner involved in your care. Other possible defendants are medical device manufacturers and drug companies.
You can also hold the healthcare facility liable in a medical malpractice lawsuit because these facilities can be responsible for their employee’s negligence. Even further, hospitals may be liable if they fail to maintain their equipment or facilities.
Recoverable Damages
You can recover both economic and non-economic damages in a medical malpractice suit. Economic damages cover losses that have a direct financial impact. Examples are medical costs, lost wages, and future earning potential.
Whereas, non-economic damages include pain and suffering, emotional distress, and reduced quality of life.
Sometimes, the medical professional’s actions may be particularly egregious. In such cases, you may recover punitive damages. These damages aim at punishing the wrongdoer and deterring them from doing the same in the future.
Medical Malpractice Damage Caps
Medical malpractice damage caps are laws that limit the amount of money a person can receive if they are successful in a lawsuit. 33 states, Guam, Puerto Rico, and the U.S. Virgin Islands, all have damage caps in place. These medical malpractice caps are on at least one kind of damage. Other states don’t have caps, while the courts set an award limit in others.
The Statute of Limitations
The statute of limitations limits how long someone can wait before filing a lawsuit. The statute of limitations for medical malpractice cases varies across states. Take, for example, a statute of limitations of two years. You must file a suit within two years of the incident or the discovery of the injury, whichever comes first.
Failure to file a suit within the statute of limitations increases the chances of your claim getting barred. That means you might lose your right to recover compensation.
In some instances, the statutes of limitations may get extended for cases involving injured children. As a result, they may have a right to file a suit until they turn 18.
Things To Prove in a Medical Malpractice Lawsuit
As a plaintiff in a medical malpractice lawsuit, you must prove the following:
- There was a doctor-patient relationship with the medical professional in question
- The medical professional acted negligently
- The doctor’s negligence caused your injury
- The injury caused you to suffer specific damages
A lawyer can help you gather evidence to support your medical malpractice case.
Wrap Up
It is vital to know what a medical malpractice lawsuit entails. Doing so can help you seek justice. You will know what to expect when seeking compensation for the harm you suffered.