Medical Malpractice laws are notoriously complicated and have complex procedural laws and red tapes that plaintiffs must overcome before their case is determined. The statute of limitations and the qualified expert report are two examples of potential obstacles to the standard medical malpractice case.
According to a recent report by CNBC, medical errors are the third leading cause of death in the U.S. Therefore, if you believe you have a medical malpractice case, it is advisable to contact a Mission Bend medical malpractice lawyer who will inform you of your rights and the proper path to follow in your case against the negligent healthcare provider. A qualified Mission Bend medical malpractice attorney will assist in investigating your case and help you in understanding your options in dealing with your claim.
Medical malpractice issues arise whenever a healthcare professional provides treatment that doesn’t meet the required standard of care in his or her expertise area. However, there are two main requirements that any valid medical malpractice must meet. These are:
Whenever a person suffers injuries because of the negligent acts of a healthcare provider, then this individual has a claim for medical malpractice. This negligence can come in the form of failing to offer treatment, misdiagnosing a condition, or failing to diagnose a condition. For a valid medical malpractice claim, the harm must have taken place within a particular time frame. Additionally, the claimant must prove the following elements:
In Texas, the attorney or plaintiff is supposed to file the medical malpractice claim within a specified period from the time the patient noticed the incident. Additionally, your attorney must file an affidavit from a healthcare provider asserting that the negligent doctor breached the standard of care. Therefore, it is always essential to seek help from a qualified Mission Bend medical malpractice lawyer for a free consultation relating to your case and the right path to follow to properly handle it.
Damages in a medical malpractice claim refer to the monetary compensation that the victim or plaintiff stands to recover, or is entitled to is a successful claim. They cover the losses and the harm suffered from the day of injury as a result of the other party’s negligence. Damages in a Mission Bend medical malpractice claim include:
These are the actual financial losses that the patient or plaintiff incurs from the day of the incident. They are usually straightforward and cover past and future medical expenses, lost income for the time not worked, burial/funeral expenses in case of wrongful death, lost financial benefits, and other out-of-pocket costs. Economic damages are the easiest to calculate.
Non-economic damages are also referred to as intangible losses. They are difficult to quantify to monetary terms, but retaining a skilled Mission Bend medical malpractice lawyer helps. These damages cover compensation for emotional distress, physical pain and suffering, loss of consortium, diminished quality of life, loss of companionship, and other intangible losses. Non-economic damages are often subjective, and are usually calculated based on the duration and severity of the injuries sustained, as well as their impact on the victim’s life.
Punitive damages are only available in a court process. So if your claim is resolved through negotiations with insurance companies, this type of compensation will not be available. But if you proceed to a trial, and the jury or judge feel that the defendant or at-fault party was particularly reckless, careless, egregious, or intentional with their negligence, you may be awarded punitive damages on top of economic and non-economic damages. This award is intended to punish the at-fault party for their misconduct, and also deter other parties from ever engaging in similar conduct.
Medical malpractice cases become challenging because of the lengthy procedures involved in determining the error made by the medical professional. A solid and compelling expert testimony to explain that you received inadequate medical care and were harmed as a result is essential to the case.
Therefore, having a qualified Mission Bend medical malpractice lawyer by your side as you handle the case is the first step you can take to protect your rights. Our attorneys will help you in putting together a strong case, which will increase your chances of receiving proper compensation for the harm you’ve sustained. Contact our office today for a free consultation.