Medical malpractice is a type of personal injury claim that seeks damages for injuries or harm resulting from the negligence or misconduct of a medical professional or institution. In this article, we will take a closer look at medical malpractice and personal injury damages.
Table of Contents
What is Medical Malpractice?
Medical malpractice occurs when a medical professional or institution fails to meet the standard of care that is expected of them and causes harm or injury to a patient as a result. Medical malpractice can occur in a variety of settings including hospitals, clinics, nursing homes, and even in-home care. The types of malpractice cases can vary from misdiagnosis, surgical errors, medication errors, failure to diagnose, and birth injuries.
In order to prove medical malpractice, the plaintiff must show that the medical professional or institution breached their duty of care by failing to provide the expected standard of care to the patient. Additionally, the plaintiff must show that the breach of duty caused the plaintiff’s injury or harm.
Personal Injury Damages
If you have been injured as a result of medical malpractice, you may be entitled to receive personal injury damages. Personal injury damages are intended to compensate the victim for the physical, emotional, and financial losses that they have suffered as a result of their injury.
There are two types of personal injury damages that you may be able to recover: economic damages and non-economic damages.
Economic Damages
Economic damages are intended to compensate the victim for the financial losses that they have incurred as a result of their injury. Economic damages can include:
- Medical expenses: This includes the cost of medical treatment, hospitalization, medication, and rehabilitation.
- Lost wages: If the victim is unable to work due to their injury, they may be entitled to compensation for lost wages.
- Property damage: If the victim’s property was damaged as a result of their injury, they may be entitled to compensation for the cost of repairing or replacing their property.
Non-Economic Damages
Non-economic damages are intended to compensate the victim for the intangible losses that they have suffered as a result of their injury. Non-economic damages can include:
- Pain and suffering: This is compensation for the physical pain and emotional distress that the victim has suffered as a result of their injury.
- Loss of enjoyment of life: If the victim is unable to participate in activities that they enjoyed prior to their injury, they may be entitled to compensation for the loss of enjoyment of life.
- Loss of consortium: If the victim’s injury has affected their ability to maintain a relationship with their spouse, they may be entitled to compensation for loss of consortium.
Statute of Limitations
It is important to note that there is a statute of limitations for medical malpractice claims. The statute of limitations varies depending on the state in which the claim is being filed and can range from one to six years. It is important to file a medical malpractice claim as soon as possible to ensure that you do not miss the deadline.
Conclusion
Medical malpractice can result in serious harm and injury to patients. If you have been a victim of medical malpractice, it is important to seek the advice of a qualified personal injury attorney to help you recover the compensation you deserve. Personal injury damages can help you to cover the financial losses that you have incurred as a result of your injury and to compensate you for the intangible losses that you have suffered. Remember, there is a statute of limitations for medical malpractice claims, so it is important to act quickly.