Medical Malpractice: How Lawyers Can Help You Win Your Case

In the U.S., between 40,000 and 100,000 patients die yearly due to negligence or malpractice in the healthcare system. Medical malpractice occurs when a doctor or other healthcare provider takes action that they should have known was against the standard of care, resulting in injury or death to their patient. It can be upsetting and confusing when you discover that your doctor made a mistake, whether failing to notice an abnormality on an x-ray or misdiagnosing your illness. Sometimes, the mistake can lead to lifelong consequences or even cost you your life.

Medical malpractice cases are incredibly complex. The evidence required to build your case can be difficult to locate or obtain promptly. That’s why you should seek out the services of a medical malpractice lawyer to help you with the lawsuit process from start to finish. From building your case to finding supporting evidence and even negotiating with insurance companies and defendants. Here’s how to win your medical malpractice case with the help of an attorney.

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Costs of Care Compensation

Let’s say you believe medical negligence caused your child harm. In that situation, you have the option of bringing legal action against the institutions and medical personnel at fault. To look into the situation, you must speak with a medical malpractice attorney. You can gather proof and make your case with the aid of these lawyers. They could aid in getting you the just reimbursement. The state’s statute of limitations must be met before you can initiate a case. This time frame can be two to 22 years following the medical error. A medical malpractice claim filed after the limit of liability will be rejected.

The cost of CP for the entire family can be staggering. For instance, cerebral palsy is a lifelong condition that can require extensive, expensive supportive care. Consequently, treating a child with cerebral palsy can cost millions. You can check out for more information. Aside from the emotional toll, there are medical costs, such as doctor appointments, therapy, diagnostic imaging, surgery, and medication.

In some cases, the severity of the condition will determine the extent of the financial burden. Children with more serious CP will need more medical care than children with less serious cases. Families are also likely to need financial assistance from the government, which can help cover these costs. 

Reimbursement of Out-Of-Pocket Expenses

Documenting your expenses is important in obtaining reimbursement. You should save all receipts and bills, write notes about the costs and share them with your lawyer. If you have to buy medical equipment or supplies for the accident, get a written statement from the doctor. You should also research the costs from other sources. Having this documentation will help you make your demand stronger.

Expenses incurred after an accident are often called “out-of-pocket.” It can include medical bills, lost wages, personal care, and transportation. Medical bills can include various costs, including prescription drugs, travel expenses, medical supplies, and even a hotel room. Once the insurance company accepts liability, you may be able to receive reimbursement for medical expenses. However, you should note that this is not a guarantee. If you want a refund, you should ask for it. It doesn’t hurt to ask; you’ll never know that the insurance company may honor your demand!

Out-of-pocket expenses include travel expenses, parking, and rental car costs. You can also get mileage reimbursement if you need to use public transportation or take a bus. If you need a wheelchair lift, you may also receive compensation.

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Award for Future Medical Expenses

A plaintiff can seek an award for future medical expenses in a malpractice case. Typically, this includes future surgeries, physical rehabilitation, and treatments. Depending on the circumstances, this could require a substantial amount of money. Fortunately, personal injury compensation can help cover these costs.

A jury may order an award for future medical care based on a plaintiff’s current and future needs. This is an important part of any medical malpractice case because future medical care is a permanent injury. Sometimes, a plaintiff can receive a lump-sum award for future care.

An award for future medical expenses is not capped under MICRA. Moreover, it does not take into account inflation. In addition, a plaintiff cannot collect an award for special damages related to medical expenses unless they can prove that the doctor was negligent. The award must include all past, current, and future medical costs.

Arrange For Expert Witness Testimony If Required

Expert witness testimony is essential for medical malpractice cases because it can help determine whether a medical professional is at fault. Courts have historically deferred to expert witnesses and granted them absolute immunity. That said, a losing party may try to blame the expert witness and sue.

The expert witness must be licensed and well-versed in the field of medicine in which the malpractice occurred. Ideally, the expert should be a practicing physician with extensive experience in the field. However, not every qualified expert is a practicing physician. They may be a professor at a medical school or a certified professional in the relevant field. In some cases, procedural rules require that the expert must have practiced medicine within the last several years. Your lawyer can help arrange an expert witness to solidify your case. 

While to be an expert witness in a medical malpractice case, a physician must be licensed to practice medicine in the state where they practice. The expert should also review all relevant medical records for the case and be a specialist in that field. The expert should also devote at least part of their professional time to the field.

Final Words

Cerebral palsy is a lifelong condition that affects mobility. Every year, over $1 billion is spent on cerebral palsy treatment. Furthermore, the annual cost of caring for someone with CP exceeds $4 million per person. According to a report by the Centers for Disease Control and Prevention, roughly one in 323 children are diagnosed with cerebral palsy each year. 

These numbers indicate the importance of establishing liability for CP when it occurs due to negligence. If you suspect your child has cerebral palsy, contact a lawyer immediately. Although the law states a parent is responsible for the treatment and upbringing of their child, they shouldn’t have to deal with the consequences alone. By establishing liability, you can ensure your child receives the care they deserve.