A medical malpractice case can be difficult to win when it goes to trial. For this reason, most claimants choose to settle out of court if possible. If you or a family member is impacted by a medical malpractice incident, the following may be helpful information to you.
Prior to determining your damages, you have to provide proof of your claim. You have to prove the doctor or other medical provider acted negligently when providing you or your loved one care. You also must prove there was negligence in the provider's actions and how you were injured as a result.
You also must prove the medical provider did not provide you with due care, which means they did not do their job based on other cases with the same circumstances. To do this, you have to show your evidence does not comply with the general acceptable medical practices as others in your area.
Determine the Injury Value
After you have provided the necessary evidence for your malpractice case and the provider is deemed liable, the next step is to find out how much your injuries are worth. The final figure will be the sum of your damages and losses you incurred due to your injury.
Your final compensation figure can include a variety of costs, including all expensed pertaining to your injuries, therapies, surgeries, or any additional treatment you need or will need in the future. The damages may also include any income you have lost or stand to lose as a result of your injuries. In addition, any permanent disability as a result of your injuries also impacts your overall settlement.
Your final settlement can also include money for pain and suffering, mental and emotional damage, and any psychological damage. You may be allowed punitive damages if the provider acted egregiously when causing your injuries.
Some states will cap the final amount you can receive for a medical malpractice claim. This cap is decided by the type of injuries you have, the professional who treated you, and other circumstances that impact your case. Other states do not cap a settlement. You will need to ask your attorney about caps and how much they are.
A medical malpractice claim is complex and is best handled by a medical malpractice attorney. If you need help with a possible case of malpractice, schedule a consultation right away to find out what you need to do to get started. Contact a medical malpractice law firm to learn more.