Understanding Medical Malpractice and the Applicable Damages
A personal injury lawyer for medical malpractice specializes in representing clients who have been injured due to medical negligence or malpractice. Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm to the patient’s health.
Examples of medical malpractice include misdiagnosis, surgical errors, medication errors, and birth injuries. A personal injury lawyer for medical malpractice can help clients recover compensation for their injuries, medical expenses, lost wages, and pain and suffering.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in harm or injury to the patient. Here are five common ways that medical malpractice can happen:
Misdiagnosis or Delayed Diagnosis
A healthcare professional may misdiagnose a patient’s condition, leading to the wrong treatment or no treatment at all. Alternatively, they may delay diagnosing a patient’s condition, allowing it to worsen and become more difficult to treat.
Medication Errors
Medication errors can occur in numerous ways, such as prescribing the wrong medication or dosage, administering the wrong medication, or failing to properly monitor a patient’s response to medication.
Surgical Errors
Surgical errors can happen during any part of the surgical process. Examples of surgical errors can include operating on the wrong body part or leaving surgical instruments inside the patient’s body.
Failure to Obtain Informed Consent From Patients
Healthcare professionals must obtain informed consent from patients before performing any medical procedures. This means that the patient must be fully informed about the risks and benefits of the procedure and must give their consent to the procedure.
Birth Injuries
Birth injuries can happen during pregnancy, labor, or delivery. Examples of birth injuries include:
- Oxygen deprivation
- Brain damage, and
- Nerve damage, among others.
These injuries can be caused by a variety of factors, including medical negligence and errors during delivery.
Damages Awarded in Medical Malpractice Lawsuits
Here are the potentially recoverable damages in medical malpractice cases:
Economic Damages
Economic damages are awarded for actual financial losses incurred as a result of the malpractice.
Non-Economic Damages
Non-economic damages are awarded for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive Damages
Punitive damages are awarded to punish the healthcare professional for their conduct, typically in cases where their behavior was particularly egregious or reckless.
Loss of Consortium
Loss of consortium damages may be awarded to the spouse or family members of the injured patient, compensating them for the loss of companionship, support, and affection.
Wrongful Death Damages
If the patient dies as a result of medical malpractice, their surviving family members may be entitled to wrongful death damages, which compensate them for their losses, such as funeral expenses and loss of financial support.
Not all negative medical outcomes are a result of medical malpractice. The actions of the healthcare provider should be evaluated to determine whether they amount to medical malpractice.
