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Injured during surgery- can I file a medical malpractice claim?

If you are injured in surgery and your injury was caused from the actions of any medical professional who failed to perform care based on acceptable medical standards, you may be able to file a medical malpractice claim.

Medical malpractice is part of personal injury law and can include negligent actions of medical professionals such as failing to take appropriate action for a medical condition, delaying treatment for a medical condition, misdiagnosing a medical condition or not treating a medical condition according to acceptable medical standards.

How do I prove medical malpractice?

Like other personal injury claims, medical malpractice is proven if the following occurs:

1. Duty - You must first prove the medical professional owed you a duty of care. If the doctor was performing surgery, they owed you a duty of care which is outlined by specific medical standards.
2. Breach of Duty – You must prove that the medical professional breached their duty of care toward you. Did the doctor or surgeon make a mistake or act in a way that another medical professional in the same circumstance would not have acted? This may be proven with expert testimony by another surgeon or doctor.
3. Causation – Was the breach of the surgeon’s duty the proximate cause of your personal injury? To prove causation you will need to prove that you would not have suffered injury or loss if the surgeon had not made the mistake.
4. Damages – To prove your medical malpractice claim you must suffer loss or damages. Damages can include pain and suffering, wrongful death, lost wages or higher medical expenses. If you have not suffered loss, you do not have a claim of negligence.

What Compensation can I recover for my Medical Malpractice Claim?

Medical malpractice claims may pay compensatory damages which can include compensation for economic and non-economic losses. Calculating economic losses, such as medical expenses or lost wages, or non-economic losses, such as pain and suffering, can be done with the help of a skilled medical malpractice lawyer.

Under some conditions, the court may also decide to award punitive damages if the actions of the medical professional are egregious, and the court feels they need to teach them a lesson.

How long do I have to file a Medical Malpractice Claim?

Medical malpractice claims are like all other personal injury claims and there will be a limited time to file your claim. The statute of limitations may vary by state and by the type of injury. Many states have a statute of limitations of two years from the date of the injury; however, some states may allow you to file a claim from the date of the discovery of the injury. Some states also provide exceptions for minors who are injured.

Finding a Medical Malpractice Lawyer

Medical malpractice law can be complicated. How much will medical care costs? How much is your pain and suffering worth? How long do you have to file your claim? Medical malpractice lawyers have worked on hundreds of cases. They can answer these questions, review your claim and help you decide your next step.

Medical malpractice attorneys generally work on a contingency fee basis and will not be paid until you recover compensation for your injuries, either by settling your claim or winning a court judgment.

Medical malpractice attorneys have the resources to help you, and they can hire experts to review your case if needed. Contact a medical malpractice lawyer and get the compensation you deserve for your personal injuries.