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Medical Malpractice Damages

Have you been the victim of medical malpractice and are seeking compensation? Well there are numerous ways in which medical malpractice damages can be sought from your healthcare provider to help you get be compensated for any suffering you have been exposed to during the medical procedures.

How do i know if i can seek medical malpractice damages?

Firstly, it is important to understand what level of medical malpractice has occurred and whether or not you have a valid case for claiming against the medical practitioner. But what exactly constitutes medical malpractice and does it apply to me? This article will explain some of the things you need to know when it comes to seeking medical malpractice damages.

How to know if medical malpractice has occurred

Doctors, clinicians and nurses can all are become liable for the well-being of a patient under their care. This includes both NHS staff and private medical practitioners, with malpractice arising in the following forms:
  1. A medical practitioner, such as your nurse does not give adequate support and treatment whilst in their care. This may include failure to treat you for specific ailments or refusing to give you the upmost level of healthcare. This may include mis treatment or lack of care when in a hospital for example. This mistreatment may then lead to further medical problems, which can be seen as a ground for claiming medical malpractice damages.

  2. A medical practitioner carries out procedures on you with your consent or knowledge whilst in their care. This may include incorrectly informing you of the associated risks of any such treatment or acting without your consent, which then leads to further complications later. Whilst this may seem unlikely, it is quite common for medical practitioners to act without giving the patient a full disclosure of all associated health risks.

  3. Your doctor or healthcare provider misdiagnoses your medical ailments, resulting in incorrect treatment or negligent action. This could result in being treated for something unrelated, which in fact causes you more damage than the original ailment. The same applies for mistreatment of a specific ailment, which can cause damage to your health or wellbeing.

What are medical malpractice damages ?

In legal proceedings, medical malpractice damages include compensatory and punitive damages. Compensatory damages can be both economic and non-economic damages, as the medical negligence may cause varying things to occur for the plaintiff.

Economic damages may include such things as loss of earnings, the cost of legal proceedings and further medical costs for rectifying any malpractice. These claims can be assessed for both future and present losses, as a career threatening injury caused by a medical practitioner could affect the plaintiff in the long term.

Non-economic damages are associated with the damages caused by the malpractice itself, for example loss of mobility, blindness caused by medical malpractice or even the depression and anguish caused by the malpractice itself. Because emotional and financial distress are a damaging factor caused by medical malpractice, there may can be a strong case put forward by the plaintiff for compensation from the health care provider.

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