Personal Injury Compensation Claim: Medical Negligence

Medical Malpractise

Medical malpractice can also be called as medical negligence. It occurs when medical professionals fail to provide treatment or meet the customary of good medical applications. It can be obligated by an institution, nurse, hospital or doctor. It can also be due to an institution that has a license in providing medical treatment or care. Both the terms medical malpractice and medical negligence refer to medical attention that is faulty due to negligent work by a medical facility or professional. Wrongful death or personal injury is the ultimate result of medical negligence.

If a person has been injured or affected by other medical complications, then he/she has the right to take legal action. It will be covered under personal injury law. The person can take legal action if they are affected by the following cases.

  • Late referral to specialists
  • When the physician fails to warn about the risks during or before the treatment
  • Mistakes during childbirth
  • Mistakes during surgery
  • Faulty medical products like implants and drugs
  • Administration of the wrong dosage or wrong medication
  • Misdiagnosed or undiagnosed illness or injury

The medical negligence lawPersonal-Injury-Claim-Lawyerss cannot be applied if the patient is not satisfied with the medical care or the outcome. It cannot be applied even if the medical professional has not cured the medical condition. The person should have experienced hurt or injury by the physician. He/she will be considered as a victim if the medical negligence is proved in a clear manner. It should be due to the medical care institution or provider.

Personal injury laws and medical malpractice laws are complex. The cases will be finalized after a period of time. The claims will involve several studies and tests like pathology studies, CT or CAT scan, MRI, deep reading and complete analysis of medical records. It is necessary to seek experienced personal attorney or lawyer who understands and deals with the complex laws in a deep manner.

The medical malpractice lawsuit is mainly filed to get compensation from the party. It helps the doctors to maintain standards in medical treatment and prevent unnecessary mistakes. The doctors and physicians will have the fear to maintain care up to the standards in order to avoid a lawsuit.

Read Also Kinds of Reimbursements for Medical Malpractice

Kinds of Reimbursements for Medical Malpractice


There are several kinds of reimbursements depending on the injury or harm caused to the person and their family. But, the damages are clearly mentioned and it has to be clarified from your legal representative. The compensation can be obtained for various damages. They are explained in the following.

Direct damages: The direct damages are connected with monetary value, and it is easy to quantify. Some of the best examples are a loss of wages due to non-attendance in work, cost of offering replacement services for family chores and medical bills to take care of the injury.

Indirect damages: Indirect damages are those difficult to quantify. It has to be calculated apart from the bills. Emotional pain, suffering and loss of companionship are some of the examples for indirect damages. As these damages remain irreparable, the judges in the medical misconduct suit need to measure the damages in expressions of monetary value.Mediacl Malpractice

Punitive damages: It is claimed when the health care provider or physician fails to provide a standard medical procedure and results in hurt or damage to the victim. Such injuries are claimed so that the medical practitioners remain cautious in the future. It is difficult to prove their wrong actions in the court. If you are a patient, you need to provide complete medical records and documents to show how their carelessness has resulted in the loss of health or injury. As it is hard to prove, it has become tough to make the hospital staffs and hospital more accountable.

Malpractice insurance caps: The insurance rates have become expensive, and most states have limited the amount to be rewarded to the victim. Some states do not consider reimbursement for punitive damages. It is given only in the rare case of sickening medical negligence. The malpractice insurance caps are different, and the terms and conditions differ from one state to another. It is better to get advice from a personal injury attorney for reasonable compensation.