Addressing Three Questions About Medical Malpractice

Law Blog

Receiving substandard or negligent care from your doctor can be a terrible experience to go through. In addition to making your existing condition worse, it may be possible for you to suffer additional problems as a result of this inferior care. When you are the victim of medical malpractice, you may need the answers to a few questions before you are able to make informed choices about pursuing justice.

Can Any Medical Mistake Result In A Malpractice Lawsuit?

While most doctors will do their utmost to ensure that their patients receive the best quality care possible, it is an unfortunate fact that mistakes can happen over the course of your treatment. Whether this is a missed diagnosis or incorrect treatment, it is important to understand that not every mistake can result in the doctor being liable for medical malpractice. In order for a malpractice claim to be successful, you will need to show that the care provider was negligent in the care they provided to you and that this care deviated drastically from the standard treatments for the patient's condition.

Can A Nurse Commit Medical Malpractice?

Some individuals may be under the impression that medical malpractice can only be committed by a doctor. However, you should be aware that any caregiver can commit malpractice. As a result, nurses and orderlies can be subject to lawsuits if they violated their professional duty by being negligent in caring for the patient. Due to this reality, it is likely that your attorney will include any nurses or other caretakers in the initial filing to determine whether they were responsible for the negligent care.

How Will Insurance Payments For Your Injuries Be Considered When Determining Compensation?

Unfortunately, it can be an assumption among some people that their ability to collect damages will be limited if they paid the additional medical costs with their insurance policy. Often, this belief stems from the idea that they could only sue for damages that they paid out of pocket. However, it should be noted that the court system will not consider the method that you used to pay for your damages. As a result, the fact that your insurance paid for the damages should not impact your ability to pursue damages against those responsible.

Suffering from medical malpractice can cause serious complications for patients, and while the justice system will allow you to seek damages, it is important to understand your rights in these situations. Making sure that you understand what medical malpractice is, the fact that any of your care providers can be liable for malpractice, and that your insurance payments will not count against your ability to claim damages will help you to make sound choices about fighting for justice in these cases.

For more information about malpractice attorney services, contact a local professional. 


9 May 2016