Damages in Medical Malpractice Cases


Accidents happen, and when they do, a victim can go after the at-fault party for compensation via a personal injury claim. But, what happens when the at-fault party is your doctor, hospital, or other health care providers? Victims can also go after medical staff and facilities for injuries resulting from medical malpractice. Having an experienced medical malpractice attorney on your side can increase your chances of winning your case and getting the compensation you deserve.

What Is Medical Malpractice?

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When a patient is injured by negligence or omission by hospital staff, family doctor, surgeon, or other health care professional, it’s called medical malpractice. The negligence can result from an error in diagnosis, treatment, health management, or aftercare. Your case needs to meet three criteria to qualify as a medical malpractice case. These are:

  • Failure to provide an adequate standard of care. Health care professionals and facilities must adhere to specific standards of care to avoid negligence accusations.
  • Negligence results in injury. Even if a health care professional or facility is negligent in care, if there’s no injury, there’s also no medical malpractice. The patient must prove that the injuries or harm were caused by the negligence of medical staff or facilities. Without that negligence, no damage would have resulted.
  • The injury or harm has damaging consequences. The patient has suffered considerable damage due to negligence or omission by medical staff or facilities. These damages can include enduring hardship, loss of income, constant pain, disability, and suffering.

What Are Some Examples of Medical Malpractice?

There are many ways medical malpractice can occur, such as birth traumas, anesthesia errors, misdiagnosis, and surgical errors. Dentists, nurses, doctors, surgeons, technicians, therapists, and other medical professionals can all possibly engage in negligent conduct resulting in medical malpractice. Examples include:

  • Misdiagnosis.
  • Failure to diagnose.
  • Ignoring laboratory results.
  • Misreading laboratory results.
  • Ordering incorrect laboratory tests.
  • Persistent pain after surgery.
  • Leaving surgical items inside the body after surgery.
  • Unnecessary surgery.
  • Surgical errors such as operating on the opposite side of the body.
  • Bad follow-up care.
  • Discharged too early.
  • Incorrect medication dosage.
  • Improper medication.
  • Contracting a fatal infection at a medical facility.
  • Bedsores or pressure ulcers.
  • Failure to order proper testing.
  • Failure to identify symptoms.
  • Not taking an adequate patient history.

The possibilities of medical malpractice are varied, demonstrating the importance of hiring a medical malpractice attorney to represent you as you take on the health care professional or facility. A medical malpractice attorney will get to work by investigating your claim, filling out paperwork, locating medical experts, and representing you in court. Reduce the stress caused by your medical malpractice case by contacting the knowledgeable team at Alverez Law.

What Types of Damages Can I Seek in a Medical Malpractice Case?

The victim of a medical malpractice case can be awarded both compensatory and punitive damages, depending on the severity of the injury. Compensatory damages can be broken down further into economic and non-economic damages. Economic damages include medical bills, lost wages, chiropractic care, transportation to appointments, rehabilitation, lost earning capacity or future wages, and future medical bills. Noneconomic damages cover mental and emotional anguish, loss of joy in activities, and pain and suffering.

If the at-fault party is found to have acted maliciously or with gross negligence, punitive damages may also be awarded. Punitive damages are designed to punish the defendant further by making them pay out more in a compensation package to the victim.

How Much Can I Expect to Receive in Damages in a Medical Malpractice Case?

While there is no one answer to this question because everyone’s medical malpractice case is different, the experienced team at Alvarez Law will be able to give you an estimate of what you can expect to receive in damages after reviewing your case. Our team has over 200 years of combined experience to help you get the compensation you’re owed based on the details of your case. Factors that can affect the total amount of compensation include the severity of the injury, the inability to return to work, and the loss of enjoyment in everyday activities. Let us use our expertise to get you the settlement you deserve.

Our team of experienced attorneys has taken on numerous medical malpractice cases, maximizing settlements across the board. A couple of examples of medical malpractice settlements we have won include:

  • Prescription medicine defect $3,000,000.
  • Medical malpractice amputation $2,500,000.

Do I Need to Hire a Medical Malpractice Attorney For my Case?

The quick answer to this question is no. You’re not required to have a medical malpractice attorney represent you to bring a lawsuit against the medical professional or facility. However, it’s imperative to understand that the medical professional or facility will have an attorney or team of attorneys working hard to minimize the settlement payout amount. When you hire an experienced medical malpractice attorney, you increase both your chances of winning your case and the total compensation package you’ll receive.

How Do I Find a Good Medical Malpractice Attorney?

Finding a medical malpractice attorney with the knowledge and experience necessary is often a deciding factor in these cases. Medical malpractice is a highly specialized type of personal injury case, and having an attorney with specific technical knowledge is crucial to your case. You can ask a trusted lawyer for a recommendation, search for a medical malpractice attorney online, or contact your state or local bar association for a referral.

If you or a family member are the victims of medical malpractice, contact the knowledgeable team at Alvarez Law today. We have the experience needed to get you the compensation you deserve and relieve the financial burden your injury has added to your life. You can reach us 24 hours a day, seven days a week, by phone at (219) 300-5204, or complete our convenient online form so we can answer any questions you may have. In addition, we offer free consultations to review the facts of your case, determine whether it’s a viable case, and set an estimated amount for fair compensation.

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