Our firm continues to serve victims of personal injury in Fairfax, Virginia through successful cases against grossly negligent parties. Medical malpractice can lead to additional medical bills, diminish a person’s quality of life, and result in pain and suffering. Our caretakers are supposed to be trustworthy, so when they make life-changing mistakes it’s up to us to hold them accountable. A Fairfax, Virginia personal injury lawyer is ready to take on your case if you were the victim of medical malpractice.
Common Medical Malpractice Cases
Medical malpractice is common. Healthcare professionals are people too, after all, and they make mistakes. When lawsuits are lodged against a member of the medical establishment, it’s usually because the consequences of one of those mistakes was life-changing. Common medical malpractice cases include:
- Misdiagnosis. The United States is a country of over 325 million people, yet almost 12 million are misdiagnosed every year. Not all of these unidentified diseases and ailments are worthy of a medical malpractice lawsuit because many have obscure or easily confused symptoms. The foundation of a case for misdiagnosis requires proof of negligence.
- Birth. OBGYN’s are subject to more medical malpractice lawsuits than any of doctor because mistakes during birth often lead to lifelong complications or even death.
- Surgery. The more extreme surgical cases are lodged because one of the surgeons left an instrument in a body cavity or performed an operation on the wrong body part. These errors can lead to serious complications, including infection and death.
- Anesthesia. The drug cocktail devised to render a subject of surgery unconscious is complex and dependent on a number of factors. If an anesthesiologist makes a mistake during surgery, the patient could regain consciousness. In the worst cases, some patients have an adverse reaction to the cocktail.
How Compensation For Medical Malpractice Is Calculated
Compensation is determined by a number of factors, most of which relate to the quality of a person’s life after the fact. These factors include:
- Medical Bills. Medical malpractice can result in additional visits to a healthcare provider or even subsequent surgeries. In the worst cases, lifelong care and physical therapy are required.
- Pain, Suffering, and Emotional Distress. You are responsible for the resulting pain and suffering. If a patient were to wake up during surgery, for example, the resulting trauma can last a lifetime. If you were the victim of medical malpractice, it’s never a bad idea to keep a detailed journal of your thoughts and experiences during the journey to recovery. A daily record of your pain can be important when determining how much compensation is due.
- Lost Wages. If your recovery cost you more time out of work than previously planned, you should be allowed to recover the lost wages.
- Diminished Earning Potential. If medical malpractice leaves you with a lifelong disability, those physical limitations might reduce your earning potential and even prevent you from acquiring gainful employment in the future.
- Punitive Damages. This category is meant to punish the doctor, not compensate the victim. Punitive damages are rare in medical malpractice cases, and usually require gross negligence, intentional harm, or reckless misconduct.
While costs of current medical bills are easily calculated, it is more difficult to determine future costs or put a dollar amount on pain, suffering, and emotional distress. Judges are hesitant to award damages for these categories of cost, which is why we have to maintain a strict standard of proof. We’re committed to doing exactly that.
How A Fairfax Medical Malpractice Attorney Fights For You
In medical malpractice cases, it might be possible to reach a settlement agreed upon by both parties. A personal injury attorney will take a number of steps to make sure the client is awarded every penny possible. These steps include:
- Investigation. Medical establishments are often reluctant to release details of medical malpractice to the public, and these cases rarely involve the authorities unless criminal wrongdoing is discovered. Our team will investigate the circumstances of the medical malpractice in order to build a foundation for the case.
- Documentation. A personal injury lawyer will work with the client to ensure all bill-related documentation is properly compiled. We will contact medical professionals whose expert testimony may be required should the case move to court. We will also work with your insurance provider in order to find additional means of compensation.
- Negotiation. When applicable, a personal injury lawyer will contact the negligent party to offer a fair settlement offer. Should these negotiations fail, it may be necessary to lodge a direct claim in civil court.
Call A Fairfax Medical Malpractice Attorney Today!
If you have questions about possible medical malpractice, then a personal injury attorney from our Fairfax, VA Law Firm is available for a free consultation. Were you the victim of negligent healthcare providers? You have the right to file a claim in order to reclaim lost wages and find compensation for medical bills. Get in touch with our offices to contact a Fairfax medical malpractice attorney today!