Although the terms medical malpractice and medical negligence are often used interchangeably, they actually have different meanings. Medical negligence refers to a healthcare provider’s inability to meet the medical standard of care while medical malpractice refers to a healthcare provider’s medical negligence itself which led to a patient’s injury or illness.
Victims of medical negligence and malpractice may have the right to file a civil claim against their healthcare providers. You can learn more about what legal options may be available to you when you reach out to a medical malpractice attorney at Bader Scott Injury Lawyers for help.
The Legal Standard in Medical Malpractice Lawsuits
The legal standard of care in medical malpractice cases must have been breached for a healthcare provider to be found liable for a victim’s damages. The medical standard of care is high.
This is because the healthcare industry has patients’ lives in their hands on a regular basis. This does not mean the medical field is immune to human error, but the individuals making these human errors should still be held accountable when their negligence causes a victim’s injuries and damages.
With that in mind, for the medical standard of care to have been breached, the healthcare provider in question must have made a decision that another healthcare provider of similar job training, experience, and education would not have made.
If another reasonable healthcare provider would not have made the same decision, the act in question may be considered negligence. If a healthcare provider’s negligence is the cause of the victim’s injuries or resulting damages, the victim may have the right to file a lawsuit against them.
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Common Types of Medical Malpractice
Medical malpractice can come in many forms. However, there are some types of medical malpractice and negligence we see more often than others. Some examples include:
- Prescription medication errors
- Failure to diagnose
- Failure to treat
- Failure to provide follow-up care
- Failure to order necessary tests
- Surgical errors and birth injuries
- Anesthesia errors
- Disregarding a patient’s history
These are just a few of the more common types of medical malpractice you could have experienced. If you believe your healthcare provider’s mistake is the cause of your injury, illness, or damages, make sure to contact an attorney to explore your legal options further.
Medical Malpractice vs. Medical Negligence
It is not always clear whether medical negligence or malpractice occurred. It is not uncommon for healthcare providers to attempt to hide their mistakes behind a patient’s informed consent and the potential risks of medical treatment and care. However, when a medical mistake causes an injury, the healthcare provider’s negligence may be clear.
In cases of medical negligence, these mistakes may not always be apparent until months or even years later. If you find yourself suffering from a debilitating medical condition or injury, and you suspect your healthcare provider’s negligence or misconduct is the cause, it is important to reach out to a lawyer for an in-depth review of your medical records and potential insurance claim or lawsuit.
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Liability in Medical Malpractice Claims
Healthcare providers of any kind can be sued for medical malpractice. Generally, healthcare providers will be protected by malpractice insurance. You may be able to file a claim with your healthcare provider’s malpractice insurer to recover certain types and amounts of damages.
However, if your insurance settlement is not enough to meet your needs, you may need to file a lawsuit against the negligent or reckless healthcare provider in your case. Some of these parties could include:
- Nurses
- Nursing assistants
- Surgeons
- Primary care physicians
- Midwives and obstetricians
- Pediatricians
- Doctor’s offices
- Hospitals
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The Value of Your Medical Malpractice Lawsuit
Victims of medical negligence and malpractice have the right to be compensated for their current and future damages. Your lawyer will need to closely evaluate both your economic and non-economic damages to ensure you are compensated fairly.
Here are some of the more common types of damages you could be awarded as part of your medical malpractice claim:
Healthcare Expenses
When a healthcare provider’s negligence causes your injuries or losses, you have the right to be compensated for all of your medical expenses as they relate to this error.
Some examples of healthcare costs that should be covered in your medical malpractice case include:
- Costs of prescription drugs
- Costs of physical or occupational therapies
- Costs of mental health counseling
- Ambulance and hospital bills
- Costs of corrective surgery
- Costs of co-pays
- Medical equipment fees
- Future medical care
Loss of Consortium
When you are no longer able to have a relationship with your friends, family, spouse, or other close relationships, it could have a devastating impact on your mental health.
The loss of companionship, love, society, support, guidance, protection, advice, and counsel can be overwhelming. Your attorney will be sure to take this into account accordingly.
Diminished Earning Capacity
Recovery of your lost wages and loss of future potential earnings should be of utmost importance. Your injuries may have made it difficult or impossible for you to continue supporting yourself and your family.
When you lose out on 401(k) or other retirement savings contributions, potential bonuses or salary increases, and your existing loss of current and future income, these losses can be sought after in your medical malpractice claim.
Contact a Medical Malpractice Attorney for Help
Do you suspect that your healthcare provider’s negligence or malpractice is the cause of your damages? If so, you may have the right to pursue legal action against them. Explore your options for financial recovery when you meet with a medical malpractice attorney at Bader Scott Injury lawyers.
Our firm is proud to offer no-cost, risk-free consultations to victims of medical malpractice and medical negligence across Atlanta and surrounding cities. Take advantage of this opportunity by calling our office or completing our quick contact form today.
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