Defining Medical Malpractice
Medical malpractice refers to the negligence or misconduct by a healthcare professional that deviates from accepted standards of practice. In order to establish a medical malpractice claim, you must prove the following elements: - The healthcare professional owed you a duty of care. - The healthcare professional breached that duty of care. - The breach of duty caused your injury. - The injury resulted in damages.
Severity of Injury
Contrary to popular belief, the severity of the injury does not necessarily determine whether you can sue for medical malpractice. While severe injuries often result in higher damages awarded in lawsuits, even minor injuries can still be the basis for a medical malpractice claim. The key factor is establishing that the healthcare professional's negligence caused your injury, regardless of its severity. It is important to consult with an experienced medical malpractice attorney to evaluate the strength of your case.
Proving Negligence
To succeed in a medical malpractice lawsuit, you must demonstrate that the healthcare professional's negligence directly caused your injury. This requires gathering evidence such as medical records, expert opinions, and witness testimonies. It is crucial to establish a clear link between the healthcare professional's actions or omissions and the harm you suffered. Evidence that can support your claim includes: - Documentation of the healthcare professional's mistake or error - Expert testimony supporting your claim of negligence - Comparison to accepted medical standards of practice - Proof of the resulting harm or injury
Damages in Medical Malpractice Cases
Damages in medical malpractice cases can include economic and non-economic losses. Economic damages may cover medical expenses, lost wages, rehabilitation costs, and future medical care. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. While the severity of the injury can influence the amount of damages awarded, even minor injuries can lead to compensation in a successful medical malpractice lawsuit.