Medical Malpractice Caused by Staff Error

Although every hospital takes great care to ensure their staff members are highly qualified and place importance on patient safety, errors can still occur. This is a reality that patients, many of whom are already dealing with pain and longing for relief, must grapple with. 

Such errors, although rare, may inflict further harm and add to the existing burden of treatment costs. In such instances, you are within your rights to file a medical malpractice claim with the aid of attorney Russell Berkowitz.

This guide will delve into the foundations of such claims, shedding light on the when and how of taking this important step. So, if you are in such a predicament, keep reading to learn more.

Understanding Medical Malpractice

Medical malpractice, which covers a wide scope of errors, occurs when a healthcare provider deviates from the standard of care in managing, diagnosing, or treating a patient, potentially causing harm. 

The standard of care refers to accepted practices that similar professionals would follow under the same circumstances. For example, if a general practitioner encounters a condition beyond their expertise, they should refer the patient to a specialist. Failure to do so would be considered a deviation from the standard.

Proving Liability in Medical Malpractice

Liability is a legal responsibility that stems from a deviation in the ‘standard of care,’ which is typically associated with negligence. Negligence is a legal concept encompassing four key elements: duty, breach, causation, and harm. Here’s how they intertwine. 

First, the medical professional has a duty to uphold the standard of care, essentially providing the same level of service that any reasonable professional would under similar circumstances. When they breach this duty, they deviate from the standard of care. 

‘Causation’ connects this breach to the resultant harm. In other words, the deviation must be the direct cause of the harm inflicted. Lastly, there should be quantifiable ‘harm,’ be it physical or financial. 

Gathering Evidence for Medical Malpractice

Evidence is crucial in building a medical malpractice claim. This can take various forms, with medical records being central. Receipts are equally important for substantiating financial losses. Photographs of your condition, if available, may offer tangible proof of physical harm.

Obtaining certain types of evidence can be challenging. Hospital records, for example, may involve complex procedures, while personal journals require consistent and accurate record-keeping. Expert witnesses, typically healthcare professionals familiar with the standard of care, provide compelling testimony, but identifying and securing their collaboration can be difficult.

A medical malpractice lawyer can help acquire and organize necessary evidence and guide you through legal intricacies, potentially increasing your claim’s success chances.

Recoverable Damages in Medical Malpractice Claims

If your claim is successful, you may recover both economic and non-economic damages. Economic damages cover quantifiable losses, such as medical expenses and lost earnings, which can be proven with receipts and paystubs. 

Non-economic damages, on the other hand, compensate for subjective losses like pain and suffering, disfigurement, disability, or loss of enjoyment in life. It’s important to note that some states apply caps, limiting the amount you can recover for non-economic damages. 

Punitive damages may be applicable in cases where the conduct was egregiously harmful. However, some states impose caps on these damages.

How Much Is My Claim Worth?

The value of your claim depends on various factors, such as the severity of your harm, the impact on your life, and the degree of negligence involved. 

Also, having a medical malpractice lawyer on your side is critical, as they can guide you through this complex process, helping you gather evidence and present your case in the most favorable light. 

Conclusion

Medical malpractice claims provide a path to justice for patients harmed by healthcare errors. While navigating this process can be challenging, understanding key elements like liability, evidence, and recoverable damages is crucial. With the support of an experienced attorney, you can confidently pursue fair compensation and accountability, ensuring your rights are protected and helping to alleviate the burden of medical negligence.