Healthcare professionals such as doctors, nurses and pharmacists are required to provide all of their patients with the best care possible. While the vast majority of these professionals reach this goal, some do not and patients are hurt as a result. The following is an overview of medical malpractice and how those who are injured in this way can seek compensation. If you or a loved one has been injured due to the negligence of a medical professional, contact an Iowa medical malpractice lawyer to find out what options are available to you under the law in your state.
What Is Medical Malpractice?
Every medical malpractice case hinges on being able to prove negligence on the part of the healthcare provider. In order for you to be successful in recovering damages, your case must include the following elements:
- The Standard of Care Was Breached
Medical professionals must meet the standard of care set forth by the laws in their state. If they fail to do so in any manner and someone is hurt, the standard of care has been breached.
- A Patient Was Injured
You must be able to prove you were injured as a direct result of the healthcare worker’s breach of the standard of care. In some cases, medical professionals will argue that your injuries were pre-existing and not caused by the accident that occurred while in their care.
- Your Injuries and Damages Are Significant
You must have suffered significant injuries that result in high or ongoing medical bills or are disabled due to the accident and cannot return to work.
Types Of Medical Malpractice
While there are a variety of ways medical malpractice can occur, the following are the most common in personal injury cases:
- Surgical Errors
- Delayed Diagnosis
- Birth Injuries
- Poor Communication Between Medical Staff
- Sexual Abuse of Patients
- Prescription Errors
- Documentation Error That Lead to Injury
- Early Discharge
- Poor Follow-Up Care
- Failure to Order the Appropriate Tests
The damages you may be awarded in a medical malpractice case depends largely upon the circumstances surrounding your case and the severity of your injuries. Some damages that are often awarded in medical malpractice cases are:
- Lost Wages
- Future Lost Wages
- Doctor Fees
- Hospital Costs
- Cost of Emergency Care
- Cost of Ambulance Transport
- Mental Anguish
- Pain and Suffering
- Therapy Fees
Being the victim of medical malpractice is never easy, but there is help available. Contact a personal injury attorney for an evaluation of your case today. After speaking with you and reviewing your case, an attorney will let you know the options you have available to you under the law. While obtaining a financial settlement cannot restore your health, it can give you the resources to move forward with your life in a positive way.
Thanks to our friends and contributors from Johnston Martineau PLLP for their insight into medical malpractice case.