Damages in Medical Malpractice Cases
If a person is injured as a result of medical malpractice, there are damages that they can collect. The types of damages can be collected include medical bills, and payment for lost future earnings. If the person has died, then their family can collect the damages. Damages fall into a few different categories. General damages are the types of damages that can’t be labeled with a specific price. There are also special and punitive damages that can be won. Key Takeaways: General damages cover physical pain, loss of enjoyment, and loss of future earnings. Many states put caps either on total damages or just non-economic damages. If the patient dies, survival statutes and wrongful death statutes come into play. “The three categories of damages available in medical malpractice cases are general, special, and punitive.” Read more: Nolo Medical Malpractice Cases For more information complete our free case evaluation form or contact us in Oklahoma City at (405) 253-4478 or in Ardmore at (580) 798-0447.
Medical Malpractice Basics
When a patient is hurt by a doctor or any medical professional due to incompetence of medical duties, medical malpractice is the result. The rules about medical malpractice vary by state; however, there are a few basic principles and rule categories that are applicable to the majority of malpractice cases. In order to claim medical malpractice, proof of a doctor-patient relationship must be demonstrated. Also, the person has to show how the doctor was negligent, as well as how this negligence resulted in injury. Furthermore, the patient must show how the injury led to certain damages, such as physical pain, mental anguish, lost work, and extra medical bills. Key Takeaways: You have to have hired the doctor and be able to show that the doctor’s negligence caused damage. Claims typically are based on failure to diagnose, improper treatment, or failure to warn of risks. Many states have review panels of experts whose findings can be presented in court. “Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice.” Read more: Nolo Legal Encyclopedia For more information complete our free case evaluation form or contact us in Oklahoma City at (405) 253-4478 or in Ardmore at (580) 798-0447.
A Victim of Medical Malpractice? Hire Medical Malpractice Lawyers in Oklahoma
Medical malpractice is serious business. It can result in irreparable damage, serious injury, worsening illness, or even death. Medical professionals are governed by a set of laws and guidelines that prevent such negligence from happening. Each year, as many as 120,000 Americans die due to medical malpractice. Thirty-one percent of medical malpractice cases resulted from misdiagnosis or failure to diagnose a disease. Until 2016, defendants in medical malpractice suits paid up to $17.4 million when the verdict led to a plaintiff verdict or judgment as a matter of law. Malpractice 101 Medical malpractice occurs when a medical professional deviates from the acceptable standards or levels of care. It does not only cover doctors, but also nurses, therapists, and medical technicians. Commonly misdiagnosed illnesses are cancer, heart attack (particularly in an emergency room setting), stroke, and blood clots. Surgeons and OB/GYNs were among those who frequently received lawsuits in 2017 for malpractice. Mishandling of record and data is also a frequent cause of medical malpractice suits. In research done by John Hopkins, one out of 71 total cases and one out of 5 cancer cases is misdiagnosed. At times, the medical facilities are to blame. Poor maintenance or malfunctioning equipment may result in a serious injury or worse. In such cases, the primary healthcare facility is held accountable. Of all reported cases of medical malpractice, 31% ended in death. Eighteen percent ended in serious permanent injury while 17% ended in major permanent injury. Importance of Medical Malpractice Lawyers It is important that you secure legal representation that is capable of defending you in a malpractice suit. In 2016, reports claimed that most malpractice suits ended in favor of the defendant healthcare professional. While the number of malpractice suits are decreasing (48.5% as of 2016), the number of payouts are also decreasing. Oklahoma belongs to the majority of states that claim less than $40 million in suits or about $10.07 per capita. It is important to acquire the services of lawyers handling medical malpractice in such a situation. Lawyers experienced in medical malpractice suits can prove malpractice on the following grounds: The defendant failed to provide the required duty of care. This failure directly caused the patient’s injury. The patient has damages in the form of medical bills, lost wages, pain, and suffering due to this injury. By hiring a medical malpractice lawyer, the patients affected can file for damages like past and current hospital bills, past and present medical costs, rehabilitation costs, home healthcare, and other items such as oxygen tanks and mobility devices. Should you or a loved one encounter deviance from any of these rules, you need legal representation. Medical malpractice lawyers in Oklahoma like Little Oliver Gallagher PLLC can help you. For more information contact one of our highly qualified Attorneys in the Oklahoma City area call (405) 253-4478 or our main office in Ardmore (580) 798-0447.
