Building a Medical Malpractice Lawsuit
Medical malpractice is determined when a healthcare provider’s method of treatment falls below the accepted “standard of care” and causes injuries or death to the patient. For us to claim malpractice, we have to demonstrate that the doctor, nurse, or hospital was negligent in some way and that your injuries are a direct cause of that negligence.
Examples of medical negligence include:
- Given the wrong medication
- Blood test and Laboratory errors
- Improper use of anesthesia
- Lack of oxygen during a medical procedure
- Delayed treatment
- Failure to diagnose a medical condition
- Transfer of a patient to another hospital without consent
- Defective medical products or devices
- Careless behavior by emergency staff
- Experimental medicines or treatments that lead to injury
All medical professionals have a duty to provide their patients with a certain level of care, so as to prevent harm. But when that duty is breached and their patient is injured directly because of it, an investigation to prove medical malpractice should take place. Patients that suffer damages due to their injuries have the right to seek compensation.
Determining Damages and Compensation
Possible damages may include:
- Medical/rehabilitation bills
- Pain and suffering
- Lost Wages
- Loss of future earnings
- Out-of-pocket home healthcare or mobility expenses
- Future medical bills
To figure out the total damages, we work with medical experts to determine how long you are likely to suffer or be debilitated by your injuries and how much that is going to cost you. We then look at what it will take for you to live with your injuries while you’re in the rehabilitation process. We also consider the less tangible things that your injuries have taken from you, i.e. loss of personal enjoyment, and the psychological pain that it can cause.
Getting You Compensation
Once everything has been accounted for, we can then deliver your claim to the defending party and negotiations begin. During this time, we will do our best to get you the fair and just amount. If we cannot reach an agreement that satisfies what you deserve, we will take your case to trial and let either a judge or jury make the final ruling.
If you’ve suffered injuries because of a healthcare provider’s negligence, call The JW Law Firm. We promise to fight for you until the very end and make sure that you receive what you are owed.