The Institute of Medicine has found that somewhere between 44,000 and 98,000 people die in hospitals every year due to medical errors which are preventable. However, medical malpractice is direly underreported, with only about seven percent of all victims filing malpractice lawsuits and 10 times more claims dropped than pursued.
Cases of medical malpractice are not only a common problem – it’s a commonly misunderstood and heavy regulated aspect of the law. Usually, medical malpractice cases are filed under state law and may be governed by strict monetary caps that restrict the amount of damages that can be sought and collected.
Creating a Successful Medical Malpractice Case
Though state law varies, the burden of proof is high in any medical malpractice case. In order to prove malpractice, you must establish that the medical provider in question was in fact treating you, that they failed to achieve the minimum standard of care in your case, that they caused injury, and that the injury was in fact caused by a treatment error on the part of the medical provider in question. Establishing medical negligence can be a complex and confusing procedure and involves extensive review of medical records, interviews with expert witnesses to help establish the standard of care for your practitioner’s practice area and community, and medical examinations to determine the extent of injury.
What Does Medical Malpractice Compensation Cover?
Victims of medical malpractice can claim a number of different types of damages. These include compensatory damages and punitive damages. Compensatory damages are amounts of money paid for the actual loss, including the cost of past and future treatment, rehabilitation, drugs, domestic and nursing services, and expenses associated with the injury, including loss of future income. They can also include damages for hard-to-estimate costs such as loss of consortium and pain and suffering. Punitive damages are awarded in order to punish a medical practitioner who is found of malicious intent and are usually only meted out in extreme cases.
An experienced medical malpractice attorney will be able to listen to the facts of your case, conduct a thorough investigation, and help you devise a legal strategy for obtaining compensation for your injuries. Due to the involvement of insurance companies and defendants who can afford a strong legal team, it’s a good idea to equip yourself with an attorney who has extensive experience in the in and outs of medical malpractice. Not every medical malpractice claim will hold up in court. However, the only way to determine this is through a thorough case review.
The Aid of a Skilled Baltimore Medical Malpractice Attorney
Have you been the victim of medical malpractice? Seek justice and compensation for your injuries – seek the help of The Injury Lawyer, Steven H. Heisler. Steven H. Heisler’s reputation and track record speak for themselves. Now you can speak to him about your potential medical malpractice claim in a free, no-obligation case consultation. Contact Us today for more information.