There is no singular resource where you can review all medical malpractice case results and determine the average payout for plaintiffs. Further, having such a resource would not provide useful information about your case.

This is because every medical malpractice case is entirely independent of others with unique circumstances. The payout another plaintiff has received has no influence over the outcome of your case. Instead of focusing on averages, focus on maximizing your compensation with representation from a trusted Cape Girardeau medical malpractice lawyer.

Schedule A Free Consultation Today!

Who Should Consider Filing a Medical Malpractice Lawsuit?

You may consider filing a medical malpractice lawsuit if you:

1. Suffered injuries or illness because of malpractice
2. Suffer psychological or emotional distress because of malpractice
3. Lost a loved one because of injury or disease related to malpractice

If you have suffered any type of harm in circumstances related to the medical industry, it is worth discussing it with a medical malpractice attorney. Every victim of negligence is entitled to justice, and the cost of medical malpractice can be quite high.

Common Examples of Medical Malpractice

Medical errors cause about 251,000 deaths annually in the United States, and that does not account for the countless victims injured and traumatized by medical malpractice. While there are too many forms of medical malpractice to list, some common examples include:

• Diagnosing a condition incorrectly
• Making a delayed diagnosis
• Simply not making any diagnosis (and telling the patient they are fine)
• Failure to warn the patient of the risks of treatments, medications, or other medical courses
• Recommending unsafe or unnecessary treatment
• Surgical errors, as surgeons have a higher-than-average risk of being sued for medical malpractice
• Medical equipment failures
• Anesthesia errors
• Medical neglect
• Treating the wrong patient
• Causing birth injury (whether due to diagnostic errors or labor-related complications)
• Medication errors

Keep in mind that this is only a brief list of the many types of medical malpractice that occur regularly in the United States. If you or a loved one suffered harm under the circumstances not listed here, it is still wise to speak with a medical malpractice lawyer—you may be entitled to compensation.

Who Is Financially Responsible for Your Medical Malpractice-Related Damages?

Many medical providers have medical malpractice insurance that obligates the insurance company to cover settlements for victims. Therefore, an insurance company may ultimately pay for the cost of your damages. You may pursue compensation directly from those responsible for negligence—each case is different.

Some parties whom you may sue for medical malpractice include:

Doctors

Doctors are often at the center of medical malpractice allegations. A doctor may be personally liable if they are responsible for negligence in:

• Diagnosing (or failing to diagnose) conditions
• Providing treatment advice
• Performing a surgery
• Providing post-operative care
• Any other aspect of their role as a medical provider

A doctor’s employer may also be liable for the physician’s negligence.

Other Medical Professionals

Doctors often make consequential decisions that lead to harm, but they are not the only type of medical professional who can be responsible for negligence. Other potentially liable medical professionals include:

• Nurses
• Occupational therapists
• Certified nursing assistants (CNAs)
• Dentists
• Paramedics
• Home health aides

If any medical professional was obligated to ensure your safety (or a loved one’s) and failed to honor that obligation, they may owe you compensation for your damages.

Medical Facilities

Owners and administrators at medical facilities have a lofty duty of care to:

• Ensure that all employees are qualified
• Ensure employees are not under the influence of drugs or alcohol (by observing and testing them attentively)
• Ensure employees are physically fit to perform their duties
• Maintain clean facilities
• Train staff extensively
• Terminate employees who are unfit in any way

Employers often have legal liability for their employees’ actions. For this reason, a medical facility may be liable for your damages even if its owners or administrators did not personally engage in negligence.

Medical Equipment Manufacturers

If defective medical equipment played any role in your medical malpractice case, your attorney will identify any liable manufacturers. While medical equipment sometimes falls in the legal category of product liability, an experienced medical malpractice attorney will know how to address defective medical devices or equipment.

Common Damages Resulting from Medical Malpractice

Medical care can have life-or-death consequences. Even if a victim of medical negligence survives, they may suffer physical ailments, trauma, and other damages that last a lifetime.

Some of the most common damages among victims of medical malpractice include:

Pain and Suffering

Medical malpractice can be intensely traumatic for victims, particularly in cases of anesthesia errors, surgical errors, birth injuries, and other distressing events. Victims of malpractice may suffer:

• Post-traumatic stress disorder (PTSD)
• Pain, including both immediate and chronic conditions
• Emotional anguish
• Psychological distress
• Depression
• Anxiety (which may include fear of undergoing medical procedures)
• Lost quality of life

You deserve a personalized evaluation to identify the toll that medical malpractice has taken on you. A lawyer will ensure you receive the evaluation you need.

Professional Harm

Injuries caused by medical malpractice can interfere with the victim’s professional life, causing:

• Lost income
• Diminished earning capacity
• Inability to earn bonuses and promotions
• Loss of self-worth due to the inability to earn an income
• Other professional damages

The details of your career will be relevant when your lawyer is valuing such damages. Your chosen law firm will thoroughly investigate those damages and pursue a fair financial recovery.

Medical Costs (Including Corrective Care Costs)

You should receive fair compensation for:

• The cost of medical care that has proven negligence
• The cost of any medical care necessary to correct medical negligence

Medical costs are frequently costly, and your lawyer will work to secure compensation covering all such costs.

Rehabilitation Costs

If you require injury rehabilitation, your lawyer will factor these costs into your case. If you need professional rehabilitation, your attorney will also value those costs and demand fair compensation for them.

Disability Costs

Disabling injuries can be particularly expensive, as disabled individuals may need:

• Income replacement through the remainder of their life
• Medical equipment
• In-home equipment
• In-home caregivers
• Other items and services related to their disability

Disabilities can also cause pain and suffering that affects the victim in the long term. Attorneys understand the complex nature of disabilities and how to value the cost of such injuries.

Why Hiring a Medical Malpractice Attorney Is a Smart Decision

Every victim of medical malpractice must decide whether to hire a lawyer. It helps to know the benefits of having a lawyer handle your case to make this decision.

Victims of medical malpractice hire lawyers because:

• Lawyers understand the legal process: Above all, a lawyer offers experience that may be valuable to your case. Your lawyer should have prior experience handling insurance claims and lawsuits. Such experience can only be a credit to your case.
• Victims of negligence need space to recover: Faced with the recovery process and your preexisting responsibilities, you may have no time for an insurance claim or lawsuit. Your lawyer will manage every detail of your case so you have the space and time to recover.
• Malpractice cases are often complicated: Because there is risk in every medical scenario, your lawyer will need to prove that the defendant’s negligence exceeded standard risk. Proving this can be complicated, and your lawyer will strive to exceed the standard of proof.
• Plaintiffs need advice: Many plaintiffs in medical malpractice find themselves in unfamiliar territory. A lawyer will guide you through this difficult terrain, advising you about what you should (and shouldn’t) do to contribute to your case’s success.
• Law firms cover case costs: A law firm may be a source of financial relief for you. Your law firm will pay for experts, cover filing fees, and pay every other cost related to your case.

Law firms provide indispensable legal services. Additionally, having a lawyer handle your case may provide psychological relief when you need it most.

How a Medical Malpractice Lawyer Will Serve You and Your Loved Ones

To succeed in winning a medical malpractice case, you will need to prove (by a preponderance of the evidence) that there is a greater than 50 percent chance negligence has happened. This is a high bar, and you may want an experienced attorney aiming to meet this bar.

Once you hire your attorney, you should expect them to:

Obtain All Evidence Supporting Your Case

Your attorney must prove that liable parties met the threshold of negligence, and your lawyer may do so with:

• Medical experts’ testimony about how negligent parties failed you
• Records from the negligent medical provider (your lawyer may need to file legal motions to secure such records)
• Your own testimony about what a medical provider did to cause you harm
• Any relevant photographs and video
• Any other evidence that proves relevant to your case

Gathering evidence is one of a law firm’s most important responsibilities. Trust a law firm to secure everything that serves as a piece in the puzzle that is your case.

Pinpoint Who Is Liable for Your Damages

When they have gathered the information they need, your lawyer will identify those who are financially responsible for your damages. For example, multiple parties may be liable—a doctor and their lawyer.

Calculate the Value of Your Settlement

Your lawyer will calculate how much money you deserve from liable parties. Your case value will reflect:

• Damages you have already suffered
• The cost of future damages
• The harm caused by a long-term or disabling injury
• Both the economic and non-economic harm of the medical malpractice incident

Each case value is unique. Having a lawyer and their legal associates calculate your case value will ensure you’re aiming for the right financial target.

Negotiate with Insurers or Liable Parties

Leave the negotiations to your lawyer. You should be focused on rest and recovery. Your attorney—who may have a lengthy history of negotiating settlements—will advocate for your case.

Inform You of Settlement Offers

As settlement offers come in, your lawyer will contact you. Your lawyer will discuss the settlement offers with you in person or over the phone. This conversation may include your lawyer:

• Explaining the damages the settlement offer will (or will not) cover
• Laying out the financial details of the offer
• Advising you whether or not the offer is fair
• Explaining the next steps in your case, whether or not you accept the offer

A lawyer always has another legal option to consider: Going to trial.

Go to Trial, If Necessary

The most effective law firms are always willing to take medical malpractice cases to trial. If you do the due diligence to find a proven law firm, your lawyer will be willing to take your case to court.

If trial becomes a possibility in your case, your lawyer will explain the ramifications of taking the case to court.

Hire a Medical Malpractice Lawyer Today

When you hire a lawyer, you can focus on recovery while your attorney drafts, files, and resolves your case. Wait no longer; hire your personal injury attorney today.