Medical malpractice is often discussed in the press. It can have a devastating impact on those that suffer at the hands of a medical professional. After all, you expect to be treated correctly and to be made better. So, if you have suffered at the hands of a physician, you need to ensure that you are seeking the right advice so that you can pursue compensation.
The Skinny on Medical Malpractice
If you are seeking damages for medical malpractice, you need to ensure that you have evidence in your arsenal. This means that you will have to calculate your losses so that you can retrieve compensation. Typically, this is split into two main groups.
1. Damaged for calculation – this is known as economic damages. Usually, this is awarded to those who have suffered financially as a result of medical malpractice
2. Damages not capable of exact calculation – this is commonly regarded as non-economic damages. This could be applied to those have lost something more valuable than money.
If you have suffered as the result of negligent behaviour of a medical professional, you may be in a good place to pursue this via courts.
Examples of Malpractice
There are a wide range of different issues that are deemed as malpractice. These are:
When it comes to defining malpractice, it is essentially a medical issue that has ‘gone wrong’ while you were being treated.
Steps You Must Take
If you have made the decision to seek legal advice for medical malpractice, you need to ensure that you are taking the right steps. Brown & Crouppen Law Firm have stated that you need to find a good attorney to help you with your case. What is more, you need to document and audit the events as they happen. Medical notes are vital. You will need to calculate the economic sum that has been lost. You will also need to provide absence reports from your place of work. All of these documents are vital in you getting maximum compensation in the court of law.
Once you have completed your audit, you will need to file a complaint. This is usually done via a lawyer. You will need to decide who you are going to claim against. Usually, people claim against the hospital as opposed to a specific individual. This is because the hospital will have more collateral than an individual.
Upon filing your complaint, you must decide what areas of malpractice you want to address.
Let’s take a look at these in more depth.
Duty of Care
Hospitals and medical professionals have a duty of care. If this is breached, there are grounds to take this matter to court. Usually, the hospital or individual will be found guilty of negligence.
Breach of Duty
A breach of duty of care is where it has been established that the medical professional had existing malpractice issues. Often, if the care is substandard within the entire establishment, this is good grounds for seeking damages in medical malpractice.