We often trust medical professionals to care for us and our wellbeing, but sometimes these individuals may act negligently or fail to act altogether. These acts of negligence or omissions can lead to serious injury or even death. If you have been a victim of medical malpractice, you have legal options.
What Is Medical Malpractice?
Medical malpractice occurs when a patient suffers injury or death due to a medical professional’s act or omission. Medical malpractice can occur for several reasons, including:
- Misdiagnosed medical cases;
- Delayed medical diagnosis;
- Surgical error;
- Medication error;
- Delay in treatment; and
- Failure to act after medical testing.
Every situation is different, so you should consult with a medical malpractice attorney to discuss your case.
Medical malpractice cases serve to compensate victims and their families after suffering through a challenging and emotional time.
How to Prove Medical Malpractice
Proving medical malpractice has occurred requires several elements to be satisfied. These include:
- The medical professional owed the patient a duty of care;
- The medical professional breached this duty of care;
- The breach of care was the actual and proximate cause of the injury; and
- The breach resulted in damages.
Your medical malpractice attorney must establish that all elements are satisfied. Without all elements, there can be no medical malpractice claim.
If all elements are satisfied, the investigation, or discovery process, can begin. During this phase of your case, both sides collect relevant information pertaining to your medical malpractice claim. Critical information may include:
- Medical records;
- Lab reports; and
- Witness depositions.
Your attorney may also consult with an expert to gain insight into your particular situation and the standard of care.
Damages in a Medical Malpractice Case
If you or a loved one has been a victim of medical malpractice, you may recover damages. Damages in medical malpractice cases include economic, non-economic, and punitive damages.
Economic Damages
Economic damages are easily calculable damages. They reimburse victims for the financial costs associated with their medical malpractice. These damages may include:
- Medical bills,
- Other medical expenses,
- Rehabilitation, and
- Past and future lost wages.
Relevant documentation typically supports economic damages.
Non-Economic Damages
Unlike economic damages, non-economic damages are not as easy to assign a dollar amount. These include:
- Pain and suffering,
- Emotional anguish, and
- Loss of consortium.
Aside from documentation, witness testimony or experts typically support non-economic damages.
Punitive Damages
Punitive damages are not available in every case. This kind of damages serves to punish and deter the negligent party, rather than compensate the victim. A judge or jury usually has the discretion to award punitive damages.
Over $500 Million in Recoveries
I had a great experience with Robert Rock as my attorney. The Gerling Law team has been fantastic throughout the process. Everything went really great- super smooth! - Linda B
Reasons Your Claim May Be Denied
There are various reasons the Social Security Administration might deny your claim. These may include:- Lack of substantial medical evidence;
- Your disability has not been consistent or severe enough;
- You have not followed suggested medical treatment;
- Your application was not completed properly; and
- Your claim was previously denied.
Get a Free Consultation with Gerling Law
Gerling Law has over five decades of experience helping clients through a challenging and emotional time. We understand the complexities of medical malpractice cases and are ready to fiercely represent you every step of the way. Our team offers patience and compassion while fighting aggressively for the justice and compensation you deserve.
If you or a loved one has been the victim of medical malpractice, contact our office today. You can expect to receive honest legal advice and have any questions answered during your free case evaluation.
