When you are unwell, a visit to the doctor should leave you feeling better but it’s not always the case. You may be a victim of medical malpractice, which can adversely affect your life in many ways.
Medical malpractice entails negligence by a health care provider in ensuring you receive the necessary care specified by standards of the medical profession. It is among the leading causes of death across the country, with cases on the rise.
Types of medical malpractice
Common medical malpractice cases include:
- Prescription drug errors
- Birth injuries
- Misdiagnosis or wrongful diagnosis
- Surgical errors
- Failure to accord the necessary medical care
These instances involve a breach of duty of care supposed to be accorded to you as the patient. If you suffer harm caused by medical malpractice, you may sue the responsible health care provider for damages arising from your injuries.
How much is your medical malpractice claim worth?
The value of your medical malpractice claim depends on the extent of injuries suffered. Damages that the court may award you can either be economic, non-economic or punitive.
There is a cap imposed on these damages, which vary depending on the state where the medical malpractice occurred. For instance, Missouri has a cap on non-economic damages for medical malpractice claims placed at $400,000, while economic damages are not capped.
How to prove medical malpractice
To prove your medical malpractice case, you have to show that a patient-doctor relationship existed between you and the doctor or health care provider whose negligence led to your injuries. In addition, you have to substantiate that their negligence led to your injuries. Sometimes, an expert’s opinion is necessary to show that malpractice occurred.
Given the many complexities involved, knowing more about medical malpractice cases is necessary to protect your legal rights.