What Types of Damages Can Be Recovered in a Medical Malpractice Lawsuit?
By filing a medical malpractice lawsuit, you can seek financial compensation for various damages—or the economic and non-economic losses you have endured as a result of the defendant’s negligent or wrongful actions.
Depending on the specifics of your case, you may be entitled to seek the following types of damages:
Defining Medical Malpractice
Medical malpractice refers to the failure of a healthcare professional to provide a standard level of care that is expected in their field. Whether through negligence or intentional misconduct, such behavior often leads to harm, injury, or death to a patient. Medical providers—including doctors, nurses, surgeons, hospitals, emergency rooms, dentists, anesthesiologists, and other healthcare providers—have a legal duty to ensure that they do not cause any unnecessary harm to their patients.
The standard of care refers to the level of skill, knowledge, and care that a qualified medical professional in the same field would reasonably provide under similar circumstances. It is important to note that medical professionals are not expected to be perfect, but they are expected to meet this standard of care in all instances.
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What Is Considered Medical Malpractice?
There are various types of errors and omissions that can be considered medical malpractice.
These include but are not limited to the following examples:
- Misdiagnosis
- Delayed diagnosis
- Failure to diagnose
- Delayed treatment
- Failure to treat
- Surgical errors
- Medication or prescription errors
- Anesthesia errors
- Birth injuries
- Failure to obtain informed consent
- Failure to properly monitor a patient's condition
Each case is unique, and the specific circumstances of the situation will determine whether it falls under medical malpractice. Our attorneys can review the details of your case and determine how to proceed.
How to Prove a Medical Malpractice Case
If an individual has been impacted by medical malpractice, they may be able to seek compensation through legal action. To prove a case of medical malpractice in court, certain criteria must typically be met.
These include:
- Duty of care: The injured party must establish that there was a doctor-patient relationship where the medical professional had a duty to provide care.
- Breach of duty: It must be shown that the medical professional failed to meet the required standard of care, deviating from what a reasonable medical professional would have done in a similar situation.
- Causation: The injured party must demonstrate that the medical professional's breach of duty directly caused or contributed to their injuries or harm.
- Damages: The injured party must provide evidence of physical, emotional, or financial damages resulting from the medical professional's negligence.
Proving medical malpractice can be complex, and it often requires the assistance of highly skilled medical and legal professionals. If you have been impacted by medical malpractice, we urge you to consult with an attorney who is experienced in this area of law, like ours at Bauer & Metro, P.C. We are ready to assess your case and provide the information you need to move forward.
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How Our Bluffton Medical Malpractice Lawyers Can Help
If you or a loved one has suffered from medical malpractice or negligence, Bauer & Metro, P.C. is here to help. As a local law firm with extensive knowledge of South Carolina laws and the local court systems, we are well-equipped to navigate the complexities of your case. We are deeply committed to our clients and strive to ensure that you receive the utmost attention and support throughout the legal process.
We understand the emotional and physical toll that medical malpractice can have on individuals and families, which is why we approach each case with empathy and understanding. Our team is dedicated to fighting for justice and seeking the compensation you deserve.
With decades of experience, we have built a strong reputation based on trust and integrity. Our track record of successful cases speaks to our skill and dedication to achieving favorable outcomes for our clients. You can rely on us to provide skilled legal representation and guidance every step of the way.
If you believe you have been a victim of medical malpractice or negligence, don't hesitate to reach out to Bauer & Metro, P.C. Let us be your voice in seeking justice and holding the responsible parties accountable.
Contact us today at (843) 683-5297 for a confidential consultation.
