When you are involved in a car accident, you will undoubtedly need medical assistance and Huntington Beach car accident attorneys are here to help you. Unfortunately, some of the worst injuries are not incurred on the road but in the hospital.
Such cases of medical injury are known as medical malpractice. They are the third leading cause of death in the United States.
Medical malpractice happens when a health care professional’s negligence leads to provision of medical treatment that is well below par. The treatment then causes harm or injury to the patient.
A medical injury can affect anyone regardless of their stature in life. Whenever negligence results in a medical injury, the patient has a right to receive compensation from the health care provider.
Medical Malpractice and Injury
Negligence as it pertains to medical malpractice involves actions taken by a healthcare professional that leads to exacerbation of the patient’s condition. As long as there are unexpected complications or medical treatment, then that is a medical injury that warrants compensation.
Therefore, a medical injury requires legal causation and damages for there to be a lawsuit where the victim can be compensated. A medical injury case will not lead to compensation if a lawyer cannot prove that the doctor or nurse’s actions led to worsening of the patient’s condition.
About half of all states in the United States limit the amount of medical injury compensation. The restrictions are typically placed on non-economic damages such as pain and suffering that are extremely difficult to quantify.
It is crucial to note that medical negligence will not always lead to a patient’s injury. In a car accident, the driver is still considered negligent even though no harm arises out of his or her actions.
In the same manner, a health care professional’s negligence may lead to the improper treatment of a patient. On the contrary, if the negligence does not result in injury, you do not have a winnable medical injury case and you will most likely not receive any compensation at all.
Receiving Compensation for Your Medical Injury
Health care professionals and entities including doctors, dentists and hospitals spend thousands of dollars every year on malpractice insurance. The insurance helps protect them from adverse results of their negligence which means to receive medical injury compensation, you will have to fight.
It is not a simple task to receive medical injury compensation as insurance companies have teams of defense attorneys to help them beat such cases.
Therefore, looking for a quality attorney with a lot of experience in medical injury cases is paramount. Without them, you will surely lose the case and receive nothing in compensation.
To receive medical injury compensation, your lawyer will have to prove that the health care provider did something erroneous or failed to do something which led to your injury. Simply stated, they must have violated the ‘standard of care.’
He or she also has to prove that without the health care professional’s negligence, your injury would not have occurred. Your injury must also have resulted in measurable damages for you to receive compensation.
If you have a medical injury case on your hands, call a lawyer as soon as you can. El Dabe Ritter lawyers will provide you with all the legal aid you need.