Whenever a patient sustains injuries from a medical mistake, they may suffer from long term consequences, or even lose their life. Sometimes, a medical error can result in thousands to millions of dollars in damages, but recovering these damages is a complex process. It is for this reason that it is important for victims of surgical mistakes to contact an experienced Indianapolis, Indiana surgeon malpractice lawyer as soon as possible after they have sustained injury. Acting quickly helps to preserve a victim’s legal options and helps to ensure their rights remain protected.
“Damages” is a legal term that essentially refers to monetary awards which compensate a victim who has been harmed by negligence, wrongdoing, or otherwise a breach of duty. Usually, the damages awarded in a medical malpractice case are higher than standard personal injury claims. An Indianapolis, IN surgeon malpractice lawyer can estimate the kinds of damages you may be entitled to after learning about the circumstances of your case. The following categories of damages may be available, depending on your circumstances:
Compensatory – Also known as economic, non-economic, or actual damages, these are damages that compensate the victim for their actual losses.
Punitive – Punitive damages are not applicable in all states and whether they will be included in your case will depend on a number factors. These damages may be awarded as a means of punishing the defendant for their gross negligence and to discourage them from making the same mistake again.
Recovering Economic Damages
In medical malpractice cases, these are the tangible and quantifiable losses that you have sustained because of the injuries you sustained. These damages can be calculated with bills, receipts, invoices, paystubs, and so forth. Economic damages are the easiest type of damages to work out, and are almost always covered in a case.
Essentially, any of the following, or other expenses incurred because of your injury, will be compensated in a successful case:
An Indianapolis, IN surgeon malpractice lawyer can help you to determine the full extent of your economic losses to ensure they are included in your case.
Non Economic Damages
In addition to recovering economic damages, and potentially, punitive damages, you may be able to recover non economic damages, also referred to as general damages. These are intangible damages, such as emotional or psychological harm that results from the medical malpractice. Typically, an Indianapolis, IN medical malpractice lawyer will appraise your case and the extent to which you’ve been affected. After, your lawyer may ask the insurance company or a judge to award you a certain amount of non economic damages based on these estimates. Examples of non-economic damages include:
For more information, or to speak with a surgeon malpractice lawyer that Indianapolis, IN trusts, call Ward & Ward Law Firm, today.
Have you or a loved one been the victim of medical malpractice after a surgery? Are you receiving letters from bill collectors who demand payment for medical bills that should never have occured? Are you missing out on activities because you are suffering from physical pain and cannot maneuver around like you did before the incident? If you can relate to a similar situation, please call a Medical malpractice lawyer Indianapolis IN.
You might think that medical malpractice is not that common; however, according to Johns Hopkins University, approximately 250,000 men, women, and children will lose their lives to medical mistakes every year. Other sources, suggest this number is too low and is closer to half a million. What’s more alarming is that these numbers only account for deaths and not those who lived after a medical error was made to them.
As leading surgeon malpractice lawyers in Indianapolis, IN, we, at Ward & Ward Law Firm, believe no one should be the victim of a medical error. Afterall, a doctor has a duty to adhere to a specific standard of care. When they, or any medical professional for that matter, do not stick to these standards of care, a breach of duty results; thereby, leading to harm, the victim may have the right to file for monetary compensation. These cases are almost always complicated. Trying to pursue one on your own is inadvisable and could result in significant confusion, lost time, and money. A medical malpractice lawyer Indianapolis, IN has to offer may be able to help you. Call Ward & Ward Law Firm today.
Your Patient Rights
The standards of medical care are broad; however, when a treatment is not performed or given in a way that a professional in a similar, or the same, field would also do, it may be medical malpractice. Examples include:
-Failure to diagnose
-Failure to treat the patient
-Failure to get the patients’ consent
If you or a loved one has treated in such as way that caused you harm, or perhaps you were not treated at all, please call Ward & Ward Law Firm to speak with a surgeon malpractice lawyer in Indianapolis, Indiana.
Being Unhappy with the Results of Treatment is Not Necessarily Malpractice
It is important to understand that if you are unhappy, or unsatisfied, with a treatment and the results it led to, or lack of, you may not have the right to file a claim. That said, you should not assume that you don’t have a claim. Therefore, the best way to know if compensation is available is to call a surgeon malpractice lawyer in Indianapolis, IN for a case review.
Are You Looking for More Information? Call Ward & Ward Law Firm
Realizing the doctor you entrusted with your life caused you harm can be devastating. Not only may you be in physical pain, but you may now suffer from mental scars that can last for the rest of your life. A personal injury claim cannot turn back time, but it may bring some form of relief. To explore your legal options, call a surgeon malpractice lawyer in Indianapolis, IN.