Types of Medical Malpractice
Proving a medical malpractice case is much different and more complex than with other personal injury claims. The facts surrounding your claim are based on past medical records and testimony from medical experts who are familiar with your type of case.
A “complex” case type simply means that expert testimony and medical records are a vital component to proving that the healthcare professional responsible for treating you did act negligently. The combination of strong medical evidence and qualified expert testimony gives victims the best possible chance of financial recovery.
Clear-Cut Case Types
- “Surgical Souvenirs” (i.e. sponges, clamps or other equipment that is left behind)
- Operating on the wrong body part or wrong side of the body
- Medication errors
- Failure to diagnose or properly treat a medical condition
- Birth injuries
- Plastic surgery errors
- Unnecessary surgical procedures
Complex Case Types
- Post-operation infections
- Dental mistakes
- Falls in hospitals or nursing homes
- Failure to monitor a patient
- Long-term treatment disputes
- Nursing home and elderly care incidents
Damages in a Medical Malpractice Case
First of all, you need to know if you qualify for damages in a medical malpractice case. If you cannot prove all of the below elements, you do not qualify to recover compensation:
- The doctor-patient relationship was established and the relationship existed at the time of the malpractice
- The medical professional’s actions or negligence was a breach of the duty of care
- You suffered injuries and damages
- Your injuries and damages are directly tied to the negligence of the doctor
Once you have proven all of the above items, you can focus on what types of compensation you may be owed. Those damages fall into two categories: economic damages and non-economic damages.
Non-economic damages are tougher to calculate and are largely subjective. You may hear the term “pain and suffering,” and the amount of compensation you are entitled to is up for debate. You cannot quantify physical pain, stress, the loss of a relationship, etc.
If you have any questions about your EvergreenHealth medical malpractice case, contact Davis Law Group today.
Experts Needed for a Medical Malpractice Case
In most serious accident cases, a personal injury attorney working on behalf of an injured victim will bring in at least one expert witness to bolster the case. Oftentimes these experts are the key to swaying a jury and can be worth millions to the victim’s case.
The same applies to medical malpractice claims. To legally prove medical malpractice, the victim and their attorney must prove that the doctor or hospital made a decision that no reasonable person would have made under the same or similar circumstances. You must also prove how the violation led to the injury, and what the injury is worth to the victim.
Experts are needed to prove all those elements. Potential experts include:
- Medical experts. To prove that the physician or hospital acted inappropriately or negligently, the expert your attorney hires must be in the same field with similar credentials. If the malpractice case involves multiple at-fault parties, you will need an expert to prove each party breached the standard of care.
- Life care planner. Medical malpractice victims are often left with lifelong injuries that cannot be healed. Living with a disability is simply a reality of that person’s life now. Victims in these circumstances need a life care planner to work with the attorney to demonstrate the cost of providing care moving forward.
- Economist. Experts with a background in finance will calculate the value of past and future medical bills and lost wages. An economist will also take the life care plan and calculate its total value – factoring in inflation and interest.
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Contact Davis Law Group for Help
It’s natural to have questions after suffering medical malpractice. That’s why our attorneys at Davis Law Group offer free, no-obligation case evaluations to accident and malpractice victims. No matter how bad your injury, we can help you get compensation.
Davis Law Group’s medical malpractice attorneys will walk you through this case, handling the legal side of things while you recover emotionally and physically. Fill out medical malpractice questionnaire, and our attorneys will review it and get back to you as soon as possible.