Medical Malpractice or medical negligence is very common. “Every year, 98,000 people die in this country due to preventable medical errors.” More people die from medical mistakes than people die from automobile and workplace accidents combined! Recent studies indicate that between 1-6 patients out of every hundred are injured due to medical negligence. Of these victims, only about 3% actually file lawsuits.
Not every medical injury provides a basis for a medical malpractice claim. To prove malpractice, you must have expert medical testimony that the health care provider fell below the standard of medical care and that your health care provider's negligence was a cause of injury or death. If we establish liability, then you are entitled to damages. You must file your lawsuit within the statutory time period or “statute of limitations” established by state law for medical malpractice claims or you will be precluded from pursuing a claim.
Non-physical damages may include:
- In the case of Injury:
- Medical costs
- Rehabilitation therapy
- Loss of financial support
- Pain and suffering
- Possible Punitive damages
- In the case of wrongful death:
- Medical, hospital, funeral and burial expenses;
- Compensation for the decedent's pain and suffering, during any period of consciousness between the time of injury and death;
- Losses suffered by the decedent's spouse, children, or next of kin, including:
- loss of financial support
- loss of service
- loss of gifts or other valuable gratuities
- loss of parental training and guidance
- loss of society and companionship
I will take all these aspects into account in determining an acceptable award for you and your loved ones.
Like all the cases I take, Medical Malpractice cases are handled on a contingency basis with no obligation or fee for the first consultation.