Understanding Medical Malpractice Damages
If you or a loved one has suffered because of a medical professional or facility, you may be entitled to money damages. There is more than one way to be harmed when it comes to medical malpractice and knowing about a few of them might help you to better understand how the law views this form of personal injury law. To learn some information about some common forms of damage and what makes medical malpractice unique in comparison with regular personal injury cases, read on.
Medical Incompetence
It's scary to think that a doctor might be incompetent, but it happens all the time. Doctors specialize in various aspects of medical science for a good reason. When a doctor fails to abide by the commonly accepted treatment or standard of care recognized by others in the field, it might be called incompetence and you might be eligible for money damages.
Failure to Diagnose
Being able to properly identify and treat various ailments is one of the main responsibilities of medical professionals. If you believe that your doctor ignored or misjudged your symptoms and you were harmed as a result, it might be a failure to diagnose. A medical malpractice case that cites a failure to diagnose must show that the doctor deviated from what other doctors would have done when diagnosing the same person with the same presentation of symptoms.
Failure to Warn
Almost everyone who has a procedure performed by a doctor is provided with a list of potential problems that might arise as a result. It's vital that you discuss this with your doctor before you sign any disclosure forms releasing the doctor from a claim. However, even if you did sign the form, you might still have a case against the doctor if you were harmed by an issue not present on the warning.
What Makes Medical Malpractice Cases Unique?
The statute of limitations exists for all types of cases, from assault to theft to slip-and-fall cases. When it comes to personal injury cases, some states divide up various subgroups of civil law. For example, some states have different statute of limitations for auto accidents, defamation, slip-and-fall, and medical malpractice. Thanks to tireless lobbying by influential insurance groups that represent doctors, the statute of limitations may be shorter in your state than you would expect. Be sure to take action as quickly as possible and speak to a medical malpractice attorney about your case before you run out of time to do so.
In addition to short times to file a case, you might have to have your case pass through a review panel before it is allowed to proceed. Additionally, most states place caps or limits on the top amount you can be awarded if you win your case. Speak to a medical malpractice attorney like those at the Law Office of Anica Blazef-Horner to learn more.