What Damages Could Victim of Medical Malpractice Claim?

Claimants that hope to win a medical malpractice claim must show proof of the damages caused by the doctor’s alleged negligence, and also proof that the same negligence caused the former patient to suffer quantifiable damages.

Claimants’ economic losses

Medical expenses
—Costs of treatment
—Cost of physical therapy
—Cost of medication
—Costs for medical equipment
No coverage for any injury that existed before the incidence of malpractice
Lost income; loss of future earnings

Claimants’ non-economic losses

• Loss of enjoyment of life
• Pain and suffering/discomfort
• Loss of consortium

Special rules in some states

Some states have put a cap on damages awarded in a medical malpractice lawsuit.

—The cap might be on all of the damages, both economic and non-economic.
—The cap might apply to only the general (non-economic) damages

Not every state has taken the same approach, with respect to the task of determining the size of the damage award.

That award could be equal to the sum for all of the medical expenses. Alternatively, it could be equal to that sum minus the amount of money that the patient received from any insurance company. The state’s law would determine which approach was to be used.

A claimant’s ability to produce a long list of damages would not guarantee the same claimant’s ability to win a large amount of money.

The personal injury lawyer in Vaughan claimant would have to prove that he or she had been harmed by the physician’s careless and neglectful actions. Moreover, there would have to be evidence, or an expert’s testimony, that demonstrated the physician’s failure to follow an accepted practice in his/her field.

Furthermore, no patient could hope to win a lawsuit that had charged a doctor with medical malpractice, if that same patient had agreed to have an unfamiliar physician perform the procedure or test that injured the same patient. All members of the public should note that fact.

In order for a doctor to be charged with committing medical malpractice, there must be proof of a long-standing patient-doctor relationship. That fact should make anyone think twice about having a low-cost clinic carry out a procedure such as a colonoscopy.

A smart consumer should consult with friends and co-workers, before having any procedure done at such a clinic. Some potential patients have managed to note the unprofessional attitude of those that examined them. The examiner’s questions, too, could reveal the lack of professional-level experience.

Doctors can make mistakes. Health care workers can make mistakes. However, those that have a professional attitude know how to apologize for a lack of familiarity with a specific medical condition, or other physical problem. Those that have such an attitude are seldom on listing of physicians that have committed medical malpractice.

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