Medical errors are preventable mistakes, but they can still happen. In fact, they are the most common cause of patient injury. Prescriptions and drug administration are both examples of healthcare processes where malpractice can manifest.
You and your family may have suffered physical and psychological trauma as a result of the negligence of a healthcare provider. However, civil court systems only provide financial compensation for medical malpractice. Still, it can help minimize the negative effects of your illness or injury.
As each medical malpractice suit is unique, the financial value of your claim will differ from that of another malpractice claim. If you have questions about the compensation you could receive, you must speak with an experienced lawyer before filing your medical malpractice lawsuit.
Medical Malpractice: What Is It and What Does a Case Involve?
The term “medical malpractice” refers to a legal claim that occurs when a healthcare provider is negligent. Negligence can range from not diagnosing an illness or condition to prescribing the wrong medicine, ordering the wrong tests, or performing the wrong procedure. These negligent acts can cause injury, disability, and even death.
Although many safety precautions are taken today, mistakes still happen. However, if healthcare providers do not follow the accepted standards of practice, they may be liable for malpractice.
The question of when medical negligence becomes malpractice is hotly debated, but most agree that harm must have been caused by the healthcare provider’s treatment or action. In other words, they must have acted contrary to what would normally be considered correct procedure in their field. An individual harmed by this negligence may be able to sue for medical malpractice.
Different Types of Medical Malpractice
A variety of injuries to patients can result from medical malpractice. Some are more common than others:
- Incorrect diagnosis. Misdiagnosis refers to a doctor failing to diagnose or treat a patient’s condition properly. The most common misdiagnosed conditions are cancer, organ damage, heart problems, and HIV/AIDS.
- Delayed diagnosis. Doctors should order diagnostic tests based on patients’ symptoms and diagnose illnesses and conditions promptly. There may be liability for doctors if they fail to order proper tests or fail to communicate the results, resulting in harm to patients.
- Non-treatment. Occasionally, a doctor may diagnose an illness or injury accurately without recommending treatment.
- Errors during surgery. Risks are inherent in surgery, and unsuccessful procedures are not necessarily malpractice. Only when the surgeon fails to adhere to the standard of care can the patient sue. A malpractice lawyer with experience can assist you in determining that. A malpractice claim can be filed when the wrong surgery is performed, or the wrong body part is operated upon, causing serious harm to the patient.
- Injury during birth. A labor and delivery room can be a hectic place. It is necessary for healthcare workers to be aware of the risks involved in certain deliveries and to be ready to respond if complications arise. A medical error during the birthing process can cause severe harm to the infant, requiring months or years of care. When a standard of care is not followed, an obstetrician or hospital delivery team may be liable for birth injuries.
Damages in Medical Malpractice Cases
In civil lawsuits, damages refer to the compensation a personal injury victim can receive. Most medical malpractice cases seek damages for medical expenses, lost wages, and pain and suffering. Among the damages that may be awarded in a medical malpractice case are:
Economic Damages
Economic damage is any loss of income or expense incurred as a result of the injury. Loss of income and medical bills are two types of economic damages. As an example, damages may include medical bills and lost wages in the event of multiple surgeries required to correct a medical error.
In addition to current losses, economic damages can also include future losses. Patients with permanent injuries would need ongoing medical care. Generally, economic damages include future medical expenses and lost earning capacity. In most cases, medical expert witnesses calculate future damages. The jury may decide how much to award the victim based on future damages estimates.
Non-Economic Damages
Compensation amounts for non-economic damages are not always precise. For example, how much should the injured patient receive if a medical error causes chronic back pain? Juries generally determine non-economic damages. The jury can determine a reasonable compensation based on the case and the requested non-economic damages.
Among the non-economic damages that may be recovered in a medical malpractice lawsuit are:
- Pain and suffering
- Loss of enjoyment in life
- Disfigurement
- Emotional distress
- Loss of companionship
Damage Caps for Medical Malpractice Lawsuits
Depending on the state, a medical malpractice victim may be restricted from recovering non-economic damages. Most states cap medical malpractice damages. Some states, however, have declared damages caps unconstitutional. Florida ruled that a damages cap arbitrarily reduced damage awards for patients who sustained injuries.
The healthcare and insurance industries have pushed for caps on non-economic damages. Since 1975, California has capped non-economic damages in medical malpractice cases. Initially, the cap was set at $250,000. However, this cap has since increased to $350,000 for non-wrongful death claims in 2023. This number will increase by $40,000 annually until it reaches the maximum cap of $750,000. Another state that caps malpractice compensation is Texas.
Maximum Compensation Amount for Medical Malpractice
Medical negligence compensation is calculated based on several factors. Practical considerations include lost wages, care for your child, and trauma and recovery.
Every claim is different. Both the severity and the long-term effects of your injuries will determine your compensation.
Punitive and Special Damages
There are rare instances of medical malpractice that go beyond negligence and involve reckless behavior or malicious intent. Courts may punish defendants in such medical malpractice cases to prevent future incidents.
Often called punitive damages in medical malpractice cases, these types of compensation are more difficult to obtain since the standard amount of negligence is quite high.
Injured parties may still be entitled to punitive damages, depending on their unique circumstances.
Hire an Experienced Medical Malpractice Lawyer to Handle Claims
Did you suffer harm due to negligence in a healthcare setting? Several types of medical malpractice damages may be available. You can get assistance from a medical malpractice attorney during this process. Their expertise can be helpful for determining the damages in a medical malpractice case. It’s important to keep in mind that most states have deadlines within which a lawsuit can be filed. It could be impossible to bring a claim beyond the statute of limitations.
Image by sergeitokmakov from Pixabay
The editorial staff of Medical News Bulletin had no role in the preparation of this post. The views and opinions expressed in this post are those of the advertiser and do not reflect those of Medical News Bulletin. Medical News Bulletin does not accept liability for any loss or damages caused by the use of any products or services, nor do we endorse any products, services, or links in our Sponsored Articles
