Medical negligence happens when a medical professional fails to abide by their standard of duty causing harm to the patient. There are many different types of medical malpractice cases. Some common examples include, but are not limited to, the following:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Birth injuries
- Anesthesia errors
- Medication errors
- Failure to obtain informed consent
- Emergency room errors
Medical malpractice can cause a significant impact on the life of an individual. You may contact a Queens personal injury lawyer to protect your rights and fight for justice in case you have been harmed due to the negligent actions of a medical professional.
Injuries caused due to medical negligence
To file a medical malpractice claim, you must be able to show that the medical professional’s negligence caused you to suffer an injury. There must be a causal connection between the medical professional’s negligence and your injury. In other words, the medical professional’s actions or inactions must have directly resulted in your injury.
For example, if you went to the doctor for a routine check-up and the doctor failed to diagnose a serious medical condition, such as cancer, you may have a valid medical malpractice claim. In this instance, the doctor deviated from the standard of care by not ordering the appropriate tests, which resulted in a delayed diagnosis. As a result of the delayed diagnosis, your cancer may have progressed and you may have suffered additional harm.
It is important to keep in mind that not all injuries are physical. In some cases, an injury may be emotional or financial. For example, if you underwent surgery and the doctor left a foreign object inside of your body, you would likely suffer physical pain and emotional distress as a result. In addition, you may incur significant financial damages, such as the cost of additional surgery to remove the foreign object.
What are the damages that can be reimbursed in Medical Malpractice cases?
To file a medical malpractice lawsuit, you will have to show that you suffered some form of damages as a result of the medical professional’s negligence. It means that you will have to show that you incurred some form of loss, such as physical pain, emotional distress, or financial damage.
The type of damage that qualifies for medical malpractice compensation varies from state to state. In general, however, you may be able to recover both economic and noneconomic damages if you have a successful claim.
Economic damages are those that have a specific monetary value, such as medical bills, lost wages, and the cost of future medical care. Noneconomic damages are more subjective and may include pain and suffering, emotional distress, and loss of enjoyment of life.
In some states, there may be limits on the compensation amount you can recover. For example, some states place a cap on noneconomic damages, such as pain and suffering. In addition, some states may require you to prove that the medical professional’s negligence resulted in a specific type of injury, such as death, disability, or disfigurement, to recover certain types of damages.
If you have been injured by a medical professional, it is important to consult with an experienced medical malpractice attorney to determine whether you have a valid claim. They will be able to review your case and advise you on different legal options.
