If you have been injured in a medical malpractice case, you may be wondering how to recover the money you’ve lost. You may also be confused about the different types of damages that can be awarded in a medical malpractice case. So before you start your legal journey, it’s important to understand the law and what your rights are as a victim of medical negligence.
What Is Medical Malpractice?
Medical malpractice is an error in the medical care provided by a healthcare professional that leads to injury or death. To prove medical malpractice, you must show that the doctor was negligent in their treatment of you or someone you love. Negligence is defined as an act or omission made without regard for the patient’s safety and well-being.
Medical malpractice cases can be hard to win because there are few witnesses, no physical evidence, and many doctors have their own expert witnesses. That being said, if you have been injured due to medical malpractice, it’s important to speak with a lawyer as soon as possible so they can help you figure out what your best course of action is.
What Damages Are Awarded in Medical Malpractice Cases?
The first type of damages that can be awarded in a medical malpractice case is known as general damages. These damages are generally given to compensate for the pain and suffering experienced by the victim. They also compensate for any physical or mental impairment caused by the injury.
The second type of damages that can be awarded in a medical malpractice case is known as special damages. These damages are given to compensate the victim for the loss of their future earnings or income, medical expenses incurred, and other losses they’ve suffered because of the injury.
Although these two types of damages may seem similar, there are significant differences between them: For example, general damages compensate a person for physical and mental damages caused by the injury, while special damages compensate a person for monetary loss due to the injury.
Moreover, it’s important to understand that both types of damages are compensable in a medical malpractice case. Finally, there are punitive damages. Although rare, these damages come as the result of a medical provider intentionally harming the patient in an attempt to incur additional medical services and costs.
A good example would be a doctor intentionally prescribing ineffective medication to treat an illness so that the patient is forced to return to the doctor for further treatment. Please note that each state is different in punitive damages laws. By hiring a medical malpractice lawyer, you can be sure to have the support you need to address punitive damages and other types of damages.
How to Recover Damages
In order to recover your money, you first need to know what type of damages can be awarded in a medical malpractice case. If you were to win a case, the plaintiff will be required to prove that their injury was caused by the negligence of the doctor or health care provider.
Even before you consult an attorney, it’s important to know whether or not you could have been injured in a medical malpractice case. A medical provider may be liable for medical malpractice if the physician made a mistake and caused injury to the patient. If you were injured as a result of a medical malpractice case, your attorney will be able to help you assess the damages that can be awarded.
Filing a Medical Malpractice Case
Medical malpractice cases are typically filed by family members or patients who have been injured due to medical negligence. The individual filing the case is known as the plaintiff.
If you were injured and you feel like your rights have been taken away from you, it’s time to get an attorney. Once you’ve found an experienced medical malpractice lawyer and received their advice on filing for damages, you can begin the process of recovering damages.
Are you the Victim of Medical Malpractice?
When you enlist the services of the Doctor Lawyer Firm, you get experienced attorneys who have extensive backgrounds in both the medical and legal fields. This is essential when taking on the medical industry. Contact us today to discuss how we can help you recover damages in a medical malpractice case.
Meet Our Attorneys
Matthew Sowell: With more than 30 years of experience practicing law, Matt has secured millions of dollars for his clients. His entire career has centered on helping medical malpractice victims, so you can trust that you’re working with an attorney who knows how to navigate the legal system.
Fadi Chakour: Fadi is a medical doctor who stopped practicing medicine and started practicing law. After treating patients of medical negligence and seeing first-hand the harm it causes, Fadi decided to offer his expertise to the legal profession. As such, he is a master of medical malpractice litigation.
Combined, the team of Sowell and Chakour brings extensive knowledge, experience, and insight to the table, ensuring that you’re getting expert legal counsel in all matters concerning medical malpractice.
If you or a loved one suffered an injury because of medical negligence, we invite you to call the Doctor Lawyer Firm right away at 1-833-MedMals. You may also fill out our online contact form to get started.
The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.