How can I get medical malpractice damages?

Patients who suffer harm due to the carelessness of a doctor or medical care provider may be entitled to medical malpractice damages. An injured patient has the burden of proving several elements of a medical malpractice tort claim in order to recover medical malpractice damages.

Elements of a Medical Malpractice Claim

In order to recover medical malpractice damages, you must prove four things:

1. You must prove that the doctor or healthcare provider owed you a duty; proving you were a patient of a doctor, hospital or medical care provider is enough to establish that a duty was owed.
2. You must prove that the doctor or health care provider breached the duty owed to you. Health care providers have a duty to act with the level of competence that a reasonable professional in their position and with their level of experience would exhibit. If the care you received fell below this standard, you can meet this burden of proof.
3. You must prove that the lapse of care or the breach of duty was the direct cause of your injuries and that the harm you are claiming damages for would not have occurred if the health care provider had been more careful.
4. You must prove that there were actual injuries or harm suffered that you can be compensated for.

Typically, expert witnesses are required to prove a medical malpractice claim if the case goes to court. The expert witnesses - other physicians or healthcare professionals - can explain to the jury how the healthcare provider lapsed in his duty and how that lapse hurt you.

How to Recover Your Damages

To recover your damages, you may file a civil tort lawsuit. The plaintiff in a medical malpractice case has the burden of proving the four elements of the claim. If the jury believes the health care provider was negligent, the jury will then award damages. Damages will include the cost of medical care, lost wages if the injuries the doctor caused forced you to miss work, compensation for pain and suffering and compensation for lost wages.

Many medical malpractice cases settle outside of court, so you may not need to follow through with a civil lawsuit. Your medical malpractice claim may settle at any point up to the time when the jury announces its verdict. When you accept an offer of settlement in order to recover for your medical malpractice damages, you give up any further right to sue the physician or healthcare provider for the harm caused.

To get help recovering your damages for a medical negligence claim, you should contact an experienced attorney who specializes in medical malpractice.