When you need surgery, to fill a prescription, or are seeking a medical diagnosis, you shouldn’t expect anything to go wrong. Because those who are in the medical field have spent so much time studying and training for their careers, it’s hard to think that medical malpractice could occur, causing you to sustain extensive injuries.
Although medical malpractice cases are few and far between, they do occur. If you have suffered an injury or illness because of the medical negligence of a doctor, nurse, or another healthcare provider, our Chesapeake medical malpractice attorneys at the Pendleton Law Team can help you file a claim.
What Is Medical Malpractice?
Medical malpractice is a very serious offense and is caused by missteps or errors in the medical field. Depending on the severity of the error, serious injuries can occur. Sometimes, these injuries can be fatal.
For example, if a health care professional can neglect to provide their patients with treatment, doesn’t take the correct action in a time of need, or gives subpar care, injuries could be caused. If this is the case, and serious injuries are sustained, this is considered medical malpractice.
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Common Examples of Medical Malpractice
When you sustain injuries at a medical facility, there are numerous ways in which they could have occurred. Unfortunately, medical facilities should be a place of great care, but for some, they bring hardships, injuries, and pain.
Some of the most common forms of medical practice include surgical errors, failure to diagnose, or premature discharging. Other common forms of medical malpractice include:
- A wrong diagnosis
- Anesthesia errors
- A medication overdose
- An incorrect medication dose
- Misreading lab results
- Incorrect use of any medical equipment
- Mistakes in the ongoing care you are owed
Because of the vastness of these common medical malpractice causes, causes like this can be tricky. This is why hiring our trained Chesapeake medical malpractice attorneys at the Pendleton Law Team is recommended. Especially when it comes to proving fault.
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Proving Medical Malpractice
In some cases, it may be difficult for some to prove that medical malpractice did occur. Even with sufficient amounts of evidence, four elements must be considered. These four elements are based on a duty of care that is owed to all and can be explained more below.
In order to fully claim compensation for medical malpractice, you must prove:
- Your medical staff or medical facility owes you a basic duty of care, keeping you from unnecessary harm
- Medical professionals had breached this duty of care due to negligence
- Their negligence directly caused injuries and losses
- All that they directly caused greatly distressed you and resulted in serious long-term complications
Proving medical negligence can be tricky and time-consuming, so be sure to file your claim as early as possible once you’ve been made aware of your injury or suspect malpractice. Under Va. Code Ann. § 8.01-243, the statute of limitations for medical malpractice is only two years.
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Compensation Awarded in Medical Malpractice Cases
Malpractice cases are complex, and finding the required amount of proof for your injuries isn’t done overnight. However, if you have collected the proper amount of evidence needed to determine fault, you will be able to be awarded the fairest amount of compensation.
Some types of expenses you are able to be compensated for include:
- Medical bills: When you are injured due to medical malpractice, there are countless bills that must be paid to assist the injuries you suffered. These medical costs can include surgeries, hospital visits, medication, and ongoing treatment.
- Any lost income: If you were injured severely enough and were unable to work, the courts can compensate for the loss of wages. In some cases, your future lost wages will also be covered.
- Pain and suffering expenses: This falls under a non-economic loss because a monetary value can’t be placed on pain and suffering. However, pain and suffering awards will be compensated for if you and your lawyer can show that your injuries caused intense pain and emotional suffering.
- All out-of-pocket expenses: These expenses could cover transportation costs or purchases that have had to be done due to the injuries you sustained.
Your medical malpractice lawyer in Chesapeake will help you calculate applicable damages to arrive at a fair dollar value for your compensation.
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Speak With Our Medical Malpractice Lawyers Today
Unfortunately, medical malpractice cases can arise. And when they do, you need the highest level of help at your side. Doctors and medical staff need to be held accountable for their actions if they act in negligent ways, and the Pendleton Law Team can be the ones to shed light on these situations.
By contacting us, you can take advantage of a free consultation, where we can speak more with you about your case. Our Chesapeake medical malpractice lawyers are always available to help with any kind of case and have successfully handled everything from personal injury claims to medical malpractice lawsuits.
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