- What Is Medical Malpractice?
- Who Can Be Held Responsible For Medical Malpractice?
- What Are the Most Common Forms Of Medical Malpractice?
- What Types Of Compensation Can Medical Malpractice Victims Expect?
- Consult With A Pittsburgh Medical Malpractice Lawyer Today
The Center for Disease Control has released data that now shows that medical errors now cause more deaths than cancer and car accidents each year in the United States. That is a frightening figure.
If you add in how many people are injured as a result of medical malpractice, the figure will exceed those injured in car accidents and slip and fall injuries combined.
When you seek medical care, you do so with the intention of finding relief or a cure from your illness or condition. You would never think that you could be injured while receiving medical care.
Sadly, figures show that medical errors are on the rise and that more people are being injured from careless medical care than ever before.
If you believe that you have been harmed by a medical care provider, it is important that you speak with a Pittsburgh medical malpractice lawyer. Call 833-323-4448
These cases can be complicated to prove, and you will need quality legal representation to help you win.
What Is Medical Malpractice?
Medical malpractice is defined as care given to a patient that is outside the normal standard of care. In other words, the care you received from the care provider is not the same care you would have received from other medical professionals for the same condition.
To be considered malpractice, your attorney will have to prove the following:
- There was a duty of care. This means that your medical care provider had an obligation to act in a manner that would not cause you harm.
- There was a breach in that care. Your attorney must show that the care provider acted out of the norm when providing care.
- An injury occurred. The patient must be injured by that breach in care.
- There were financial losses. The patient must suffer financial losses from that injury to make a claim.
It is important to understand that poor results or an unanticipated outcome to your care are not medical malpractice.
There is not any type of medical procedure, medication, or therapy that is 100 percent guaranteed. Each patient will react differently to the same types of care. A patient must be harmed by that care to be considered malpractice.
Who Can Be Held Responsible For Medical Malpractice?
It is a misconception that only doctors can be held responsible for medical malpractice. Anyone that provides direct medical care to the patient can be held responsible for a medical error if their treatment caused harm.
The following professionals can be held responsible for medical malpractice:
- Nurses, CNA’s, Nursing Assistants
- Dentists and Orthodontists
- Other medical professionals that provide direct care
What Are the Most Common Forms Of Medical Malpractice?
Medical malpractice can happen in any type of medical setting and by any type of provider. However, our Pittsburgh medical malpractice law firm has found that there are some medical errors that are more common than others.
- Misdiagnosis or Failure to Diagnose
- Under treating a medical condition
- Over treating a medical condition
- Surgical errors
- Prescription errors
- Birth and delivery injuries
- Infections and communicable diseases
In most cases, your injury will fall under one of these categories. However, even if your injury does not fit in this list, contact a Pittsburgh medical malpractice lawyer about your injury.
Your attorney will be able to distinguish if the injuries you received were medical malpractice or another form of personal injury.
What Types Of Compensation Can Medical Malpractice Victims Expect?
Medical malpractice injuries can lead to many financial losses for the injury victim. Depending on the facts of your case, you may be entitled to one or more of the following types of compensation:
Medical Expenses Current and Future for Injury
All medical malpractice claims will include the costs associated with treating the injury. All your medical bills related to the injury will be covered.
If you are going to require treatment in the future or on-going care for the injury, your Pittsburgh medical malpractice lawyer will include these costs in your compensation package.
Lost Wages and Benefits
If you were employed when the injury occurred and have had to miss work, your attorney would seek all lost wages on your behalf.
Additionally, if you lost out on employer-paid benefits or bonuses because of your missed time, your attorney may also seek damages for these losses.
If the injury has changed your ability to work, you may also qualify for future earnings reimbursement. This only applies if you cannot return to work at your previous position or can only return at a limited capacity.
If you must be retrained for a new position or a lesser paying position, your attorney will seek damages for the loss of income you will experience from this employment change.
If you have been required to purchase special equipment or supplies to accommodate your injury, you should be reimbursed for these expenses.
Changes made to your home or car to accommodate your injury are also included in this portion of the compensation package.
Your attorney may also seek traveling expenses such as mileage and tolls if you were required to travel for medical care. Your attorney will explain to you what expenses will be covered in this portion of your compensation package.
Pain and Suffering and Emotional Duress
Pain and suffering, both physically and emotionally, are non-economic damage that can be a part of your compensation package.
Because this type of compensation is very different for each case, your attorney will explain to you how this type of compensation is calculated based on the facts of your case.
Other Forms of Compensation
There may be other forms of compensation available to you based on your case. Your attorney will explain to you in detail about all forms of compensation for your case and their approximate value.
Consult With A Pittsburgh Medical Malpractice Lawyer Today
Medical malpractice is a serious act of negligence, and victims of this often suffer great harm. A misdiagnosis or incorrect treatment of a condition can lead to life-long problems for the injury victim.
Patients that have been injured by a medical practitioner often face many challenges when trying to prove medical malpractice.
The insurance agencies covering these events are quick to state that the injury is just a failure of the treatment and not a failure on the part of the doctor. They will say that the outcomes of medical care are never guaranteed.
This is neither fair nor just to the injured party. A medical error is just that, an error made by the care provider. It is the duty of the responsible party to cover the losses associated with their negligence.
Your Pittsburgh medical malpractice attorney will have the resources necessary to show that malpractice occurred and that the injured party is entitled to compensation. Through the use of expert witnesses and the facts of the case, your attorney will build a solid case on your behalf.
Your attorney understands the laws and regulations surrounding personal injuries and medical malpractice. The use of this knowledge will be crucial to the success of your case. It is always in your best interest to take advantage of your lawyer’s training.
You went to your medical care provider for help with a medical condition. You left with an injury. It is time to consult a Pittsburgh medical malpractice lawyer and protect your rights today.