How Much Can I Recover If I was Hurt By a Doctor or Nurse?
CALL (800) 863-5312 to Speak with a Medical Malpractice lawyer from zinda law group
Medical malpractice presents unique challenges and can cause minor/severe injuries, or even death. Pursuing compensation can be time consuming and expensive. One solution is to contact a medical malpractice lawyer who can go over a strategy for pursuing medical malpractice compensation. Zinda Law Group’s personal injury lawyers can provide legal advice while working diligently to reach a fair and just resolution of your claim.
We have the knowledge and resources necessary to help you seek maximum medical malpractice compensation for medical bills, pain and suffering, and more. Call (800) 863-5312 today and schedule your free case review.
understanding medical malpractice
Medical malpractice occurs when a medical provider such as a nurse, physician’s assistant, or doctor neglects to provide the appropriate treatment. This negligence may cause severe injuries, minor injuries, or even death.
According to Johns Hopkins patient safety experts, about 250,000 deaths occur in the US annually as a result of diagnosis errors. Medical malpractice claims and lawsuits allow patients to recover medical malpractice compensation from any harmful actions that result in sub-par treatment or injury.
liability for medical malpractice
Not only can healthcare providers be held liable for medical malpractice, but a hospital can be held liable for the negligence of its employees through the legal concept of vicarious liability, which holds employers liable for the negligent actions of their employees. Depending on the state, the following are examples of healthcare providers who can be sued by victims or their families:
- Physical therapists
- Occupational therapists
The following acts can constitute examples of medical malpractice and/or common medical errors:
- Making a surgical mistake
- Failing to monitor a patient
- Failure to respond to a patient’s call
- Failure to properly diagnose a patient
- Failing to take proper care of the patient
- Administering the wrong type of medication
medical malpractice damages
Awards of non-economic and economic damages ensure that the plaintiff receives the maximum amount of compensation if injured by a healthcare provider. It is not very likely that you will receive medical malpractice compensation from the hospital, but rather from the individual who caused the harm in the first place.
Economic damages are easy to calculate and prove by receipts of paid invoices. Examples of economic damages that can be collected include:
- Lost income
- Lost earning capacity
- Cost of medical treatment made necessary by the healthcare provider’s mistake
- Other financial losses
Lost income and lost earning capacity include not just the amount of earnings that you’ve lost, but also what you stand to lose in the future. Besides the past and present damages that can be collected, there may be special damages and future medical bills included as well. Calculating the values of these usually requires hiring expert witnesses. Future loss compensation is not available in all states, though, and some bar the inclusion of future medical expenses altogether.
Medical malpractice cases sometimes involve injuries that require a lifetime of medical care. To better ensure you will receive the maximum of medical malpractice compensation, consider working with Zinda Law Group’s medical malpractice attorneys.
Non-economic damages are not easily calculated and include more subjective kinds of harm, like pain and suffering. Substandard medical care can cause mental and emotional harm as well as physical pain and discomfort. These injuries deserve to be compensated with non-economic damages. Certain factors weigh more than others when determining the amount that should be awarded, and your lawyer will know best how to present and support your claim for maximum compensation.
statute of limitations for medical malpractice claims
All states have set deadlines for when a patient may file a civil claim, known as statutes of limitations. Most of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Please consult the medical malpractice attorneys at Zinda Law Group to know more about what time constraints are imposed in your state.
Medical malpractice faqs
What Kinds of Damages are Available to the Plaintiff in a Medical Malpractice Lawsuit?
Types of damages are categorized as either non-economic or economic; they are also categorized as general, special, or punitive. Non-economic and economic damages are considered general damages because they are the typical types of damages a patient can receive.
- Loss of enjoyment of life
- Loss of future earnings
- Physical and mental pain
Special damages are reimbursements for medical bills due to lost income. Lastly, punitive damages are meant to punish a physician or medical facility for conduct that is seriously problematic, such as a case in which a doctor intentionally botched a surgery, requiring the patient to need another surgery. Punitive damages are rarely awarded in medical malpractice cases.
If I Did Not Understand the Risks Associated with My Surgery, Can I Sue?
It depends on what those risks were. By law, doctors must fully inform their patients about serious risks involved in any proposed medical procedure or treatment so that the patient can decide whether to go forward, considering the danger. However, doctors do not have to inform patients about every single risk involved in a procedure, only the important ones.
Are There Limits to How Much I Can Recover If I was Hurt by My Doctor?
Several states have passed laws that limit or cap the amount of non-economic damages a successful plaintiff can be awarded in a medical malpractice lawsuit. These caps vary from state to state, and sometime include exceptions for cases involving catastrophic harm or death. For details on the law in your state, talk to a medical injury attorney at Zinda Law Group.
California, for example, places a cap on noneconomic damages for medical malpractice cases, limiting recovery to $250,000. Only one $250,000 recovery is allowed in wrongful death cases, but there is no limit in California on economic damages, including compensation for past and future medical care, loss of past earnings, and diminished future earning capacity. The amount you can recover after being hurt by a doctor depends on many complicated factors, so it would be helpful to consult medical malpractice lawyers from Zinda Law Group in order to get a clear answer concerning the circumstances of your case.
If My Doctor Makes a Mistake While Treating Me in a Hospital, Can I Sue the Hospital?
For the most part, a hospital is not responsible for a doctor’s medical malpractice if the doctor is not an employee of that hospital; most doctors are independent contractors and not employees. There are some exceptions, so it would be wise to consult with a medical malpractice lawyer from Zinda Law Group to get a better understanding of whether your case is likely to be a successful one.
Can I Recover If I Was Hurt By a Nurse Who Gave Me the Wrong Medicine?
Nursing malpractice happens when a nurse dispenses the wrong prescription or otherwise does not fulfill her duties in a way that a competent nurse in the same situation would. When a nurse’s negligence injures a patient, it can be quite difficult to sue that nurse, but it is not impossible, and sometimes the hospital who hired the nurse can also be held financially responsible for his or her negligence.
What Kinds of Mistakes Can Amount to Medical Malpractice?
- Failure to diagnose an illness of condition
- Did not follow proper medical procedure
- Forgot to warn a patient of known risks of a procedure/prescription drug
- Discharge of a patient too soon
- Leaving an instrument or equipment inside a patient during surgery
contact Zinda Law Group’s Medical Malpractice Lawyers
Zinda Law Group believes that anyone who is suffering from medical malpractice should never have to worry about their ability to afford excellent legal representation. We offer 100% free case evaluations, and you will pay nothing unless we achieve a favorable judgment or verdict for your medical malpractice case: it’s our No Win, No Free Guarantee.
A medical malpractice lawyer from Zinda Law Group will work hard to prepare your case and fight for you. Contact us at (800) 863-5312 today to schedule a free consultation and learn how we can help if you or a loved one has been a victim of medical malpractice. Together we can build a better case that will help you recover compensation from the doctor or nurse whose malpractice injured you.
Meetings with attorneys are available by appointment only.