What to Expect From a Medical Malpractice Settlement
More than 250,000 people across the United States die each year from medical mistakes. Medical errors are the third leading cause of death in the United States, behind heart disease and cancer, according to researchers at Johns Hopkins Medicine. The real tragedy behind these statistics is that 250,000 families are shattered each year by deaths that could have been prevented.
What Is Medical Malpractice?
Basically, medical malpractice is a form of negligence that applies to those in the medical profession. It is considered malpractice when a physician or other healthcare professional fails to comply with a reasonable standard of care, and the patient suffers serious mental or physical illness, injury or death as a result.
For example, if a patient complains about constant abdominal pain, a doctor might order a series of tests to pinpoint the source of the pain. A different physician, however, might tell the patient to stop eating dairy products or gluten and come back in six months if the pain persists. If, instead of a dairy or gluten allergy, the patient had early-stage cancer that progressed during that six month period, there could be a case for malpractice.
Types of Malpractice
There are many kinds of malpractice that may constitute grounds for a lawsuit. Malpractice can occur in any setting – in a physician’s office, operating room, hospital, nursing home or dental office. Mistakes can occur during surgery, pregnancy, childbirth or at a routine office visit.
Here are some of the consequences that can occur as a result of negligence or malpractice:
- Surgical mistakes
- Birth injuries
- Cancer misdiagnosis
- Medication errors
- Bedsores
- Complications from anesthesia
- Falls due to inadequate supervision or safety measures
- Improper treatment of a medical condition
- Malnutrition and dehydration
- Hip implant issues
What Kind of Settlement Can I Expect in a Medical Malpractice Case?
Settlements vary depending on the specifics of each case. Compensation may include actual economic losses, such as lost wages, and medical or rehabilitation costs in addition to non-economic losses, such as pain and suffering.
Proving medical malpractice is a complicated process. First, the injured patient or a family member must establish that an injury, illness or other medical condition was caused by a mistake or negligence on the part of the doctor, hospital or other medical practitioner or facility. In the example above, the patient would have to prove that the doctor’s failure to diagnose and treat cancer in its early stages caused the disease to progress or spread.
There are also strict filing requirements, deadlines and statutes of limitations for malpractice cases. Even if negligence can be proven, a patient who fails to comply with all the timelines and conditions may lose the right to sue those who were at fault.
“We believe medical professionals who are negligent should be held accountable for the suffering they cause to patients and their families,” said Mark Bernstein of The Sam Bernstein Law Firm. “Our lawyers understand the complexities of medical malpractice law, and we will fight to win the compensation you and your family deserve.”
Medical malpractice law is complicated, but finding the right lawyer is simple. If you or a loved one has suffered as a result of negligence by a medical practitioner or facility, call us immediately. Our experienced and compassionate lawyers have won many large medical malpractice settlements – let us do the same for you.
Call us today for a free consultation. 1-800-MALPRACTICE
Sources:
- https://hub.jhu.edu/2016/05/03/medical-errors-third-leading-cause-of-death/