In most cases, a medical malpractice lawsuit will never go to trial. Instead a medical malpractice settlement is reached before going to court. In this case, the medical facility or professional avoids an expensive and potentially embarrassing court trial, and often settles for less than the plaintiff originally asked. For the victim it can mean the same thing, a quick trial with fast settlement money to pay for out of pocket expenses such as hospitalization costs, lost wages, quality of suffering, life and pain , and punitive damages.
If you or someone you love has been injured by any type of medical malpractice incidence please contact our service today.. We have experienced attorneys who can help you with your medical malpractice lawsuit.
Medical malpractice refers to the negligence of a doctor, nurse, hospital, or other medical professional, leading to personal injury or wrongful death of a patient.
Medical malpractice cases can be brought against medical professionals for any of the following reasons:
– Medical Negligence: Applies to doctors, surgeons and nurses , but it also applies equally to other forms of medical treatment including dentistry, opticians, psychiatrists, midwives and physiotherapists. Could range from a surgical mistake, wrong prescription, birth injury, wrong site surgery, misdiagnosis, or other type of error.
– Failure to disclose or diagnose diagnosis: This could mean not accurately diagnosing any type of illness, detecting the illness but not realizing the severity, not telling a patient of their illness, or diagnosing a patient with something that they don’t have.
– Anesthesia Malpractice: Errors in administering general anesthesia can result in death, crippling and other serious complications. This could include inadequate anesthetic product labeling which leads to dosage errors, administering too little anesthetic, vaporizer leaks, intravenous infusion errors, and problems during a syringe swap.
– Medication errors: The most common errors where medication is concerned are the volume of dosage given to patients. Other possible medication errors include diagnostic or prescription error, incorrect dosage, equipment failure, infections, blood transfusion-related injuries, and misinterpretation of other medical orders.
– Surgical errors: This could include surgical instruments left inside patient after surgery, wrong surgical procedure, wrong-site, surgery, surgery unrelated to the patient’s diagnosis, wrong-patient surgery, or damage from a planned surgery.
– Dental Malpractice: Negligence or poor quality of dental care performed by a dentist or dental professional such as, failure to properly detect an oral disease, improper use of dental utensils, installation of defective products, personal injury to oral cavity or surrounding bone and tissue, or unnecessary diagnosis resulting in collecting higher insurance compensation.
– Birth Injuries and defects: This could include brain injury, Cerebral palsy, Erb’s palsy, neck spinal and shoulder injuries, and birth trauma.
Medical malpractice is wrongful or negligent conduct of a doctor, nurse, hospital or other medical staff which is directly responsible for injury to a victim. Medical professionals and many doctors have insurance that covers them in the event of a liability claim. Most of the time, the victim’s lawyer and the doctor’s insurance claims adjuster will negotiate medical malpractice settlements out of court.
There are two types of awards that can be received in a medical malpractice settlement. Actual damage awards which are for things such as medical bills, lost income or profits related to the injury causes. Pain and suffering is given for punitive damages when the lawsuit involves extreme negligence on behalf of the medical professional. These types of awards are given less frequently.
Medical facilities normally prefer to settle out of court due to the expensive costs of going to court and avoiding long court trials. Usually lower amounts are awarded through medical malpractice settlements than through court trials by a jury. Because they can be complicated, it is important to have an experienced medical malpractice settlement attorney in order to develop a strong case.
Many medical malpractice settlements take place outside of the courtroom because of a relatively high rate of awards being granted to the injured party. States that currently offer arbitration panels for medical malpractice settlements are able to resolve the disputes between medical professionals and patients with decreased litigation time and a greater chance of compensatory awards being granted to the plaintiff.
Medical malpractice is a leading cause of death in the U.S. but very few victims take legal action. Those who survive medical malpractice can sustain permanent and serious injuries.
If you have been the victim of medical malpractice, or if you have lost a loved one due to medical negligence, you may be entitled to compensation for damages. Contact us today if you need a medical malpractice lawyer or attorney who can discuss filing a medical malpractice lawsuit, and counsel you as to whether a medical malpractice settlement is your best option.