Monday, November 26, 2012

What Damages Does a Medical Malpractice Claim Cover?


Was your child the victim of a birth injury? Did a doctor made a surgical error that caused you significant injury? Did a case of misdiagnosis mean that you were not able to receive the treatment you needed? Medical malpractice is a serious issue in the U.S. No-one is perfect and it has to be expected that mistakes will occur in hospitals and medical facilities. It is when those errors display gross negligence and carelessness that something should be done. Negligence in a medical malpractice case means that another doctor who was in the same situation would have acted differently.

Why is it important to file a medical malpractice claim? One reason is that it holds the guilty individual responsible for what they have done. This could ensure that the same tragedy does not affect another person. Another reason it is so important to file a claim is because it can allow you to get the finances necessary to get back on the road to recovery. In the wake of a medical malpractice case, the victim can be left facing mounting bills and expenses.

In a medical malpractice case, damages can be awarded for different elements. First is medical expenses. The amount of medical costs the victim has had to deal with will be calculated and the sum will be added to the award. Depending on the case, the victim may also receive compensation for the estimated amount of money they will need to cover medical costs in the future. Especially in cases where long-term care is required, the award for future medical costs could be substantial.

The burden of medical costs could be compounded due to the victim's inability to work. Based on how many months they already had to take off of work as well as how many months or years they will not be able to work in the future, the court could include this amount into the final verdict. Not all consequences of a malpractice case can be so easily calculated. Physical pain and mental pain and suffering can be compensated for. Things that will be taken into consideration include the loss of enjoyment they may incur because of their injury.

In cases where the victim of medical malpractice does not recover and dies as a result of their injuries, the family members they left behind could be entitled to some type of compensation. Even though no amount of money will ever be able to make up for the loss of a loved one, it is still important to pursue justice. A wrongful death lawsuit could take into consideration loss of salary, loss of companionship, medical expenses, funeral costs, and mental pain and suffering.

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