When someone is injured, they often turn to medical professionals for help. Unfortunately, sometimes these professionals fail to provide adequate care, leading to a medical malpractice claim. When a personal injury claim also involves medical malpractice, it can have a significant impact on the settlement. Here, we will discuss how medical malpractice can affect personal injury settlements.
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Understanding Medical Malpractice Claims
Before we delve into how medical malpractice can affect personal injury settlements, it’s essential to understand what medical malpractice claims entail.
Medical malpractice occurs when a healthcare provider fails to provide an acceptable level of care, resulting in harm or injury to the patient. Medical malpractice claims are based on the principle of negligence and breach of professional duty by the healthcare professional.
Common examples of medical malpractice include misdiagnosis, surgical errors, medication errors, and birth injuries.
How Medical Malpractice Affects Personal Injury Settlements
When medical malpractice is involved in a personal injury case, it can increase the complexity of the claim. The existence of medical malpractice can lead to several issues that can impact the potential settlement amount.
Increased Difficulty Proving Fault
When medical malpractice is involved, it can be more challenging to prove fault. In a typical personal injury case, the plaintiff must prove that the defendant’s negligence caused the injury. However, in medical malpractice cases, there are often multiple parties involved, including the healthcare provider, hospital, and medical staff. Additionally, proving negligence requires expert witness testimony, which can be costly and time-consuming.
Higher Settlement Amounts
When medical malpractice is involved, the potential settlement amount can increase significantly. Medical malpractice cases typically involve high damages, including current and future medical expenses, lost income, and pain and suffering. Juries often award larger settlements in medical malpractice cases to compensate for the significant physical, emotional, and financial damages involved.
The Need for Expert Witnesses
As mentioned earlier, medical malpractice claims require expert witness testimony to prove negligence. These experts can be costly, and their testimony can play a significant role in determining the settlement amount. The defense will often hire their own experts who will testify that the healthcare provider did not breach their duty of care. This back and forth between experts can lead to a more extended and more complicated legal process, increasing the time and expenses involved.
Complexity of Multiple Parties Involved
In medical malpractice cases, multiple parties, including healthcare providers, hospitals, and medical staff, can be held liable. Each of these parties can have different insurance policies, complicating the settlement process. Additionally, in some cases, the parties may be contractually exempt from liability, which can further complicate the situation and lead to more litigation.
Final Thoughts
Medical malpractice can significantly impact personal injury settlements by making the case more complicated and the settlement amount higher. If you believe that you have been the victim of medical malpractice, it’s essential to contact an expert personal injury lawyer. An experienced lawyer can guide you through the legal process, gather evidence, and help you get the compensation you deserve.