A Guide to the Damages in Medical Malpractice Cases
A Guide to the Damages in
Medical Malpractice Cases
Medical malpractice cases are becoming more and more common as the years go by. This is because medical procedures are becoming more complex, and there are more opportunities for things to go wrong. If you or a loved one has been the victim of medical malpractice, you may be wondering what you can do.
What Are the Laws on Medical Malpractice in the United States?
Medical malpractice is a complex and often misunderstood area of law. In the United States, there is no federal law governing medical malpractice. Instead, each state has its laws and regulations.
This can make it difficult to understand your rights if you or a loved one has been a victim of medical malpractice. However, some general principles apply in most states.
To prove that medical malpractice has occurred, you must show that a healthcare professional (such as a doctor, nurse, or hospital) breached the standard of care owed to you. The standard of care is the level of care that a reasonably prudent healthcare professional would have provided in the same or similar circumstances.
If you can prove that the healthcare professional breached the standard of care and that this breach caused you to suffer an injury, you may be able to recover damages. These damages include medical expenses, lost wages, pain and suffering, and more.
Each state has its deadline, or statute of limitations, for filing a medical malpractice claim. This deadline is typically two to three years from the date the harm from the alleged malpractice was discovered, or could reasonably have been discovered. You will likely be barred from recovery if you do not file your claim within this deadline.
What Are the Different Damages in Medical Malpractice?
Many different types of damages can be awarded in a medical malpractice case, including:
1. Compensatory Damages
These are designed to compensate the injured party for their losses, including medical expenses, lost wages, and pain and suffering.
2. Punitive Damages
These are designed to punish the negligent party and deter future misconduct. They are typically only awarded in cases of gross negligence or willful misconduct.
3. Wrongful Death Damages
These are available to certain surviving family members of a patient who dies due to medical malpractice. They can include loss of companionship, funeral expenses, and future earnings.
4. Emotional Distress Damages
These damages compensate the injured party for their emotional pain and suffering. They can include things like anxiety, depression, and post-traumatic stress disorder.
5. Disfigurement and Disability Damages
These are awarded to a patient who suffers serious physical injuries due to medical malpractice. They can include things like permanent scarring, loss of a limb, or paralysis.
6. Loss of Consortium Damages
These are awarded to the spouse of a patient injured or killed due to medical malpractice. They can include things like loss of companionship and loss of sexual intimacy.
The number of damages that can be awarded in a medical malpractice case will depend on the specific facts and circumstances of the case. Factors that will be considered include the severity of the injuries, the damages’ extent, and the negligent party’s financial resources.
Medical malpractice is a serious problem in the United States. Thousands of people are injured or killed annually due to medical negligence. If you or a loved one has been a victim of medical malpractice, it is important to seek legal help. An experienced medical malpractice lawyer can help you recover the compensation you deserve.
If you are seeking a wrongful death attorney in Florida, you can contact us at Mendes, Reins & Wilander. We are a personal injury law firm that can help with medical malpractice, wrongful death, neglect and abuse, and more. Get in touch with us to learn more about our services.