When a mistake occurs during the course of medical treatment or during a diagnosis, it is referred to as medical malpractice and awards in such suits can average in the hundreds of thousands of dollars. However, even if your doctor makes an error during your treatment, winning a lawsuit isn’t guaranteed.
Doctors are Held to a Higher Standard
In an auto accident or other personal injury case, a defendant is held liable if he or she failed to act as a reasonable person would. When a doctor or other healthcare professional is involved, the standard is much higher. The practitioner will be held liable for their failure to act as carefully as a similar doctor would in the same situation.
Damages Must be Provable to Win
Medical errors are not enough to win a medical malpractice case. If the mistake caused no harm, you cannot sue. Damages take a variety of forms; you can make a claim for current and future medical bills, pain and suffering and lost income. If the error keeps you from enjoying marital relations, you can even make a claim for ‘loss of consortium’. In most cases, awards for pain and suffering are higher than those for medical bills are.
Filing a Claim
To initiate a medical malpractice suit against a doctor, you must file a complaint in state court and you must file a summons, which are then delivered to the defendant. You may need to bring legal action against multiple parties; for instance, you can sue your surgeon and the hospital where the surgery was performed. If a defendant is a general partnership member, you can sue every other doctor in that partnership.
Settling Cases Before Court
Most medical malpractice suits are settled with the defendant’s insurer, and most courts encourage such settlements. The doctor’s insurance company will require you to sign a contract barring you from ever suing on the claim again; before you sign, Visit the website and ask a Medical Malpractice Attorney Wichita KS to review the settlement. You should ensure that the offered amount is enough to cover current and future losses.
Lawyers can Help
Medical malpractice laws are complicated, and are subject to change. No two cases are alike, and the general information given here should not be construed as legal advice. For help in assembling your case and making a claim, call a personal injury or Medical Malpractice Attorney Wichita KS immediately.
