When a healthcare provider’s negligence leads to injury or harm, victims have the right to seek compensation through a medical malpractice lawsuit. Depending on the circumstances, compensation may cover medical expenses, lost earnings, pain and suffering, and even punitive damages in cases of extreme misconduct. Families who have lost a loved one due to medical malpractice may also be entitled to wrongful death benefits, including funeral costs and loss of companionship.
If you or a loved one has suffered due to medical malpractice, contact a skilled Fayetteville medical malpractice attorney today to discuss your case. They will listen to your story and fight for the full compensation that you deserve.
What Is Medical Malpractice?
Medical malpractice is also known as medical negligence. Medical malpractice happens when a healthcare professional fails to give a patient care that meets the expected standard of care. The lack of adequate care leads to harm or injury to a patient, which gives rise to a legal claim from the patient.
How Common Is Medical Malpractice Across the United States?
Medical malpractice can happen at any time when a healthcare provider fails to offer industry-standard medical treatment. According to the National Practitioner Data Bank, there are thousands of medical malpractice claims reported every year.
Filing a lawsuit is an option after suffering from a medical malpractice injury. A personal injury attorney with experience in medical malpractice is the best way to get the full and fair compensation you deserve after a medical mistake leading to a serious injury.
The consequences of a medical malpractice claim can be severe. Consulting with an attorney can help determine your legal options if you suspect you have been a victim.
Why Does Medical Malpractice Happen?
Medical malpractice happens for various reasons, often due to human error, systemic failures, or negligence in healthcare settings. Some of the most common causes of medical malpractice accidents include:
Surgical Errors
An accident can happen due to botched surgery. Surgical errors happen when doctors operate on the wrong body part or the wrong patient. Errors happen during anesthesia administration. Infections can happen due to poor sterilization practices.
Communication Failures
A medical mistake can easily happen because of communication failures. Poor communication among your medical team can lead to misunderstandings about a patient’s condition or treatment plan. Misinterpretation of lab results or test findings can amount to medical malpractice.
Misdiagnosis or Delayed Diagnosis
A doctor may fail to recognize symptoms, leading to an incorrect or delayed diagnosis. It can result in the wrong treatment or a lack of timely care, worsening a patient’s condition.
Medication Mistakes
Medical professionals are responsible for prescribing and dispensing a patient’s medication properly. Administering drugs to the wrong patient can lead to harmful results. If the patient suffers an injury, the patient might have a legal claim against the provider.
Birth Injuries
A birth injury happens due to a healthcare provider’s negligence while caring for an expectant mother during pregnancy, labor, or delivery. Negligence care during pregnancy and birth can lead to serious conditions, including cerebral palsy, among other conditions.
Lack of Informed Consent
Hospitals, clinics, and other healthcare providers must get informed consent from the patient before administering treatment. If a procedure is performed without proper consent, it can be considered malpractice.
Failure to Follow Up or Monitor a Patient
Failing to monitor a patient’s condition properly after surgery or treatment can lead to complications. Ignoring test results or missing early signs of worsening health might amount to medical malpractice.
Intentional Misconduct or Negligence
In rare cases, healthcare professionals may act recklessly, perform unnecessary procedures, or ignore patient concerns, leading to harm.
Systemic Issues in Healthcare
There are systemic issues present in the healthcare system that might lead to medical malpractice claims. An overworked and fatigued medical team can make mistakes due to exhaustion. Hospitals might be understaffed, which may lead to rushed or inadequate care. Poor training or lack of experience among medical professionals might contribute to your accident.
Despite the cause of the accident, an injured patient might be entitled to recover compensation for their accident-related injuries. While many medical professionals strive to provide high-quality care, mistakes do happen. Experienced injury attorneys are here to help patients and their families get the financial recovery they deserve after an accident. Contact a medical malpractice lawyer today to learn more about your options after a medical injury.
What Compensation is Available in a Medical Malpractice Case?
In a medical malpractice case, you may be entitled to compensation for various types of damages, depending on the severity of your injury and the impact on your life. Compensation typically falls into the following categories:
Economic Damages
Economic damages include the tangible and physical losses the patient might suffer because of the practitioner’s malpractice. These damages cover actual monetary losses, including:
- Ongoing care costs. Some injuries cause the patient to need ongoing medical costs. Examples of costs can include long-term care, home healthcare, or specialized medical equipment needed to complete everyday tasks.
- Medical expenses. A patient can recover for the costs of their current and future medical expenses related to medical malpractice.
- Lost income. If your injuries cause you to miss time at work, you might be entitled to recover for your current and future medical expenses.
- Lost earning capacity. If your injury affects your ability to work in the future, you may receive damages for lost career opportunities or reduced income.
Non-Economic Damages
Non-economic damages include intangible losses a patient might endure due to the practitioner’s medical malpractice. Non-economic damages compensate for the emotional and physical distress caused by malpractice, including:
- Disfigurement or Disability. The patient may recover compensation if the malpractice results in permanent disability, scarring, or other lasting impairments.
- Loss of Enjoyment of Life. If malpractice significantly affects your quality of life, such as the inability to participate in hobbies or daily activities.
- Pain and suffering. Compensation for physical pain and emotional trauma.
Punitive Damages
Punitive damages are not meant to compensate the victim for their losses, like economic or non-economic damages. They are used to punish the defendant and deter their actions in the future. If the healthcare provider’s actions were particularly reckless or intentional, the court may award punitive damages to punish the provider and deter similar behavior in the future.
Wrongful Death Damages
If a loved one dies as a result of medical malpractice, their family may be entitled to compensation for:
- Loss of financial support
- Funeral and burial expenses
- Loss of companionship and emotional support
State-Specific Limitations
Speak to a local attorney to discover any state-specific limitations on compensation in medical malpractice cases. Some states have a cap on the amount of pain and suffering damages an injured patient can collect. The amount of full and fair compensation can be limited based on your location,
If you believe you have a medical malpractice claim, consulting with an attorney can help you understand what compensation you may be entitled to and how to pursue a claim effectively.
How To Prove Medical Malpractice
Medical malpractice is a negligence case. For misconduct to be considered malpractice, the following elements of a negligence claim must be proven:
Duty of Care
An injured patient must show that they were owed a duty of care. Generally, a healthcare provider owes a duty of care to their patients. Work with an attorney, especially if you are unsure whether the healthcare provider owes you a duty of care.
Breach of Duty of Care
You must show that the healthcare provider breached their duty of care to you. Examples of a duty of care for a medical malpractice case can include failing to provide proper medication, misdiagnosing a health condition, failing to admit a patient into the hospital, etc. In your case, an attorney will help discover whether your healthcare provider breached their duty of care.
Causation
The patient claiming medical malpractice must show that a causal link exists between the healthcare practitioner’s actions and their injuries. An attorney can help by investigating the cause of the accident and showing insurers that the healthcare practitioner and their employer are responsible for your injuries.
Damages
To win a medical malpractice case, a patient must show that they suffered an injury or were otherwise damaged because of the medical malpractice. In negligence claims, including medical malpractice cases, a patient might face the first three elements but cannot win their case unless they can prove they were damaged by the healthcare practitioner’s actions.
An experienced medical malpractice attorney will help you get what you deserve after suffering an injury in a medical malpractice claim. If you or a loved one has suffered an injury because of the negligence of a healthcare provider, you might be entitled to recover financial compensation.
How Can a Medical Malpractice Attorney Help Me?
A medical malpractice attorney can be an invaluable ally in helping you navigate the legal complexities of your case. By working with a medical malpractice attorney, you can focus on your recovery while they manage the legal aspects of your case. Here is how an experienced medical malpractice lawyer can help:
Evaluate Your Case
An attorney will review the facts of your case with you and assess whether medical negligence occurred. They will look at your medical records, consult with medical experts, and determine if the healthcare provider’s actions deviated from accepted standards of care.
Gathering Evidence
Winning your medical malpractice case will require a lot of evidence. An attorney will help gather critical evidence, including medical records, expert testimonies, and other documentation to support your claim. This is essential for building a strong case.
Negotiating a Fair Settlement
Many medical malpractice cases are resolved through settlement negotiations. Fighting to recover compensation owed to you from an insurance company will likely be difficult. An attorney will represent you during settlement negotiations and fight for a full and fair settlement. A skilled attorney can negotiate to secure a fair settlement that covers your damages.
Filing Legal Claims
You might need to file a lawsuit to recover the compensation you need to move forward with your life after a medical malpractice injury. If a settlement cannot be reached, your attorney will help file the necessary legal documents, represent you in court, and ensure that deadlines are met for your case.
Maximizing Compensation
Having a legal professional working with you can help maximize your compensation. A malpractice attorney will fight for the full and fair compensation you deserve, including medical expenses, lost earnings, pain and suffering, emotional distress, and potential future medical costs related to the injury.
Legal Guidance
An attorney can share their wisdom and experience with you to increase the odds of your medical malpractice case. Experienced medical malpractice lawyers have in-depth knowledge of the law, medical practices, and legal procedures, ensuring your case is handled professionally and carefully.
Peace of Mind
Medical malpractice cases are complex, and suffering from medical negligence while seeking compensation can be overwhelming. Having an attorney by your side gives you peace of mind, knowing someone is advocating for your rights and working tirelessly to help you through this challenging time.
Contact a Medical Malpractice Attorney Today!
In the aftermath of a medical malpractice case, seeking justice is about holding the responsible parties accountable and ensuring you are compensated for the pain and suffering you have endured. Navigating this process can be challenging, but understanding your options is the first step toward reclaiming control of your future.
One of the advantages of a free consultation with a skilled personal injury lawyer is that it allows you to gauge your compatibility with them. Trust and a good rapport with your attorney is a must. You will be working closely with them for a period of time, so you need to feel comfortable.
If you have experienced harm due to medical malpractice, speaking with a knowledgeable attorney who can help explore your legal options is essential. You may be entitled to compensation for medical expenses, lost earnings, pain and suffering, and more. Take the next step by consulting with a legal professional today to discuss your case and secure the justice you deserve.