Medical Malpractice Lawsuit: Damages

By November 5, 2013Medical Malpractice

As a medical practitioner, it is crucial you are well-versed about medical malpractice damages. Medical malpractice lawsuits are among the most common types of lawful claims filed in the world today. These claims arise when a medical professional is neglectful in providing medical care to patients. Not all medical slip-ups of unfavorable results lead to medical malpractice. However, this is usually a very hard concept for the victimized patients and their families to understand. Understanding everything about medical malpractice and the legal requirements associated with the claim type is vital in protecting yourself against medical malpractice damages.

What Does Medical Malpractice Constitute?

As previously noted, not all medical mishaps constitute medical malpractice on the part of a medical professional. Because there are a number of scenarios that may lead to a valid medical malpractice claim, medical practitioners need to  know what types of accidental damages can result in medical malpractice lawsuits.

Common Damages That Can Lead to Medical Malpractice:

· Misdiagnosis

· Failure to diagnose

· Prescription drug errors

· Surgical mistakes

· Birth injuries

· Failure to obtain informed consent

· Substandard treatment

Know What the Other Party’s Needs for Medical Malpractice Damage-related Suits Are.

In order for a patient to file a valid medical malpractice lawsuit, their attorney has to successfully prove the following:

1. Their medical professional owed them a duty of care (doctor-patient relationship existed). Once a medical professional agrees to offer medical care, they own a legal responsibility to offer competent treatment.

2. Their medical professional breached their duty by providing substandard care. This is proven with expert testimony concerning the alleged standard of care in their community.

3. Their medical professional’s breach of duty caused harm to them. Furthermore, their lawyer must reveal that their injury was a direct result of the medical professional’s negligence.

4. They’ve sustained financial, physical, and/or emotional losses as a result of their injury. In an attempt to demonstrate the medical professional wasn’t offering the ideal care level, it’s essential for their medical malpractice attorney to evidently show that acceptable standards weren’t provided in line with the guidelines provided by the local and national health organizations.

medical malpracticeSeek Protection Today.

If you believe a patient who has been treated and suffered damages has grounds for a medical malpractice lawsuit, it is important that you take action immediately. Hiring a medical malpractice attorney who will defend medical practitioners who are or are not guilty of any of these offenses is crucial. Accidents happen, so don’t make the mistake of not protecting yourself when they do.

For information about medical malpractice defense services, call Gutglass, Erickson, Bonville and Larson Law Firm at (414) 273-1144.


  • Gerry Weir says:

    Fortunately, I have never been a victim of medical malpractice but this is very useful information to know in case I do ever come across the issue. Thanks for sharing.

  • John Jarvis says:

    In terms of emotional losses as a result of injury caused by medical malpractice, what exactly must be proven to seek damages? How are emotional losses determined?

  • When it comes to prescription drug errors, at what point is it the drug manufacturer’s fault versus the doctor’s fault?

  • Travis Cole says:

    I always see ads on TV and recently on the radio too for patients to get legal help over a prescription drug that has been recalled or it has been developing weird side effects, etc. I never know who is to blame in these cases. The most recent one I saw was for collecting damages done by a prescription drug for boys that had the side effect of producing breasts. usually I don’t pay attention to things like that but obviously this one caught my attention and it got me thinking. Is it the doctor’s fault for not knowing enough about the drug and prescribing it or is it the drug company’s fault?

  • Jeff Back says:

    It’s pretty important to know that you don’t have to sit around and do nothing if you think a doctor performed a surgery incorrectly or prescribed something inaccurately or really did anything out of line–legally. I would go to a lawyer in a heartbeat if I suspected something “fishy”.

  • I had no idea that birth injuries could be considered medical malpractice. I’m just happy I have never had to seek out medical malpractice. This is good information to know.

  • Jim Carmona says:

    Medical malpractice lawsuits and settlements are being made more and more frequently–as drug approval processes can’t seem to wrangle up all of the dangerous extras that get thrown into the market. If you think a surgeon performed incorrectly or you are on medication that makes you feel unlisted side-effects, make sure you take the appropriate steps to get the right answers!

  • I’m glad that I’ve been fortunate enough not to know anyone who has faced medical malpractice before. I hope I never have to deal with something so catastrophic!

  • I’ve seen some pretty bad outcomes from people who suffer as a victim of medical malpractice; I’ll be referring friends here in case they know of people or have questions themselves.

  • Tim Brown says:

    Victims of malpractice deserve to have an expert in their corner.

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