Medical Malpractice: The Essential Info

Posted on: 25 April 2015

A medical malpractice lawsuit may be filed in situations where an individual suffers damages because of actions taken by a medical caregiver. Although not every injury may qualify as medical malpractice, you should always talk to a medical malpractice lawyer about your situation to make sure. Below, you can read more about medical malpractice and what might qualify.

The Caregivers in Medical Malpractice Cases

Many different types of caregivers may be involved in a medical malpractice case. These caregivers may include:

  • Physicians

  • Registered Nurses, Licensed Practical Nurses, or Nurse Practitioners

  • Physical therapists or physiotherapists

  • Medical technicians

  • Nursing home staff members

  • Any other individual who provides care in a medical setting

Sometimes, more than one caregiver will be named in the same medical malpractice case. For example, if you were injured due to care you received in the hospital, multiple members of the hospital staff may be included in the malpractice case.

Medical Malpractice Evidence

Proving that you are a victim of medical malpractice is typically the domain of your medical malpractice attorney. Multiple types of proof may be used, including:

  • Medical reports and medical records

  • Prescription drug records

  • First hand accounts of the injury from the victim

  • Analysis and testimony regarding the injury from expert medical field witnesses

Compensation in Medical Malpractice Cases

The amount of compensation that you receive in a medical malpractice case depends on the amount of damages you suffered. There are several different types of damages, including:

  • Monetary Damages: The monetary damages in a medical malpractice case usually consist of hospital bills related to the injury, as well as any follow-up medical visits. Monetary damages also include lost wages due to the injury.
  • Intangible Damages: The intangible damages are often known as "pain and suffering." These damages include compensation for the physical and mental pain you suffered due to the medical malpractice. The amount you may be awarded for intangible damages is often more than your monetary damages. Sometimes, your intangible damages are determined using a multiplier as a general guideline. This multiplier may range from 1.5 to 4 times the monetary damage amount.

If you have suffered or have been injured because of a medical caregiver's treatment or choices, you should consider pursuing a medical malpractice case. Medical malpractice lawyers typically offer free consultations to potential new clients. If you don't have the cash to pay legal fees, the attorney may even be able to work on a contingent basis, which will allow you to pay once the case is completed. To learn more, contact R.J. Marzella & Associates, P.C.