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Ranging from incorrect treatment, diagnosis, and breaches in the standard of care, the aftermath of medical malpractice can result in unnecessary medical expenses, chronic suffering, and even wrongful death.
Out of the many different types of personal injury lawsuits Medical Malpractice is one of the most challenging to litigate. In addition to having several legal safety nets in place to protect physicians, surgeons, and hospital staff from excessive lawsuits, the cases themselves are a complicated mix of legal terminology, medical records, nuanced information, dates, and more.
As such, finding a competent medical malpractice lawyer is necessary for a case to bring you the compensation you deserve. Read more on the topic and how to contact our attorneys, below.
While there are separate terms for Medical Malpractice and Medical Negligence, they are related when it comes to filing a lawsuit. This is because negligent action on behalf of a doctor results in Medical Malpractice.
Over the course of a patient’s treatment, a doctor makes countless decisions to establish and implement care. These decisions are made with attention to the circumstance of the unique patient, risk factors, medications, and standard care criteria for the illness at hand.
When a doctor makes decisions based on these factors, the decision is known as being reasonable. So long as the doctor maintains this standard, then even if their patient is harmed, it is not malpractice. The doctor did everything they were supposed to but the patient was simply too far along to fully help.
Malpractice occurs when a doctor deviates from this standard of care, making decisions that are considered unreasonable. Unreasonable or illogical decisions are an act of negligent care and, therefore, a gateway to claiming Medical Malpractice.
The ultimate reason for engaging in a lawsuit is to recover for the injuries you or a loved one suffered. Some of these are monetary, others are not. As such, there are two main categories of damages individuals in medical cases sue for.
Depending on the state you or a loved one reside in, which damages you can claim against a medical professional vary greatly. As such it is best to speak with an attorney who is familiar with the laws in your state to receive legal advice on your situation.
This category of damages is the simpler of the two to prove. This is because the damages are monetary and easy to quantify for judges and insurance companies alike.
Damages in this category include, but are not limited to:
This category of damages, as the name suggests, is not quantifiable in concrete numbers. As such, it is much more challenging to prove and justify, especially to the insurance companies who will ultimately pay back your damages.
Damages in this category include, but are not limited to:
Many state laws are developed to avoid the trial process and make settlement the best logical end-point of a case. This is because trials are lengthy and resource intensive, often resulting in a greater burden on all involved parties.
Settlement is where you will either settle on acceptable monetary compensation for your case, or you will decide that trial might be a better option. Due to the differences in each individual case, which option is better for you is a careful decision that needs to be made with your attorney.
When you or a loved one receives inadequate medical care, the implications are often severe.
From the time of your injury all the way through settlement, having an experienced lawyer handle your case can mean the difference between being awarded adequate compensation or getting short-changed on your suffering.
At Strickland Law Group, we offer our clients the experience of well-rounded lawyers. Not only are we licensed in Alabama, Georgia, Washington D.C., Vermont, Colorado, and North Carolina, we boast a roster of completed cases in 40 different states and a legal practice that began in 1994.
Our dedication is clear— it’s our way of using our knowledge to help everyday people receive the best outcome possible.
If you were injured and believe you have a claim, we encourage you to reach out to our legal team at (334) 269-3230 as quickly as possible to discuss your case.
