Specific phobias affect 10% of the population; one of them being nosocomephobia, the fear of hospitals. While only a small percentage of the population is clinically diagnosed, more people may struggle with this fear.
It’s understandable to fear hospitals because negative events can happen there, even if they are natural. Even accidents can cause pain and suffering long-term.
There are times when medical professionals don’t uphold the proper standard of care. In these cases, victims can try for medical malpractice settlements. Keep reading to learn more about them.
Determining Medical Malpractice Settlements
Although every medical malpractice case is different, there is a basic formula for determining amounts. Economic damages and non-economic damages make up the value of your claim. In detail, these damages refer to:
- Pain and suffering
- Medical costs
- Lost wages
- Future earning capacity
The average payout depends on how severe the injuries are. A lawyer must be able to prove your damages and the liability of the healthcare professional to win your case.
There are subjective factors considered in these cases as well, namely, quality of life for the victim. Medical malpractice settlements are negotiated between insurance providers and lawyers.
Economic Damages
Economic damages are the main source of medical malpractice compensation. These damages consider the financial losses the victim experiences.
Medical costs can put a victim in debt. A lawyer will help ensure your settlement includes past and future medical expenses, including treatments, hospital stays, and surgeries. Necessary medical equipment will also be covered.
If the victim cannot work because of their injuries, they may be compensated for that time. Medications for injury symptoms will go into the settlement agreement as well.
Keep any documentation you have regarding your medical expenses. These bills are crucial to getting the compensation you need.
Non-Economic Damages
Non-economic damages refer to intangible losses such as psychological distress, lower quality of life, and pain and suffering.
Anguish and inconvenience are compensated in a great settlement offer. A lawyer will help you further understand the difference between the two types of damages.
There are caps on non-economic damages for fair malpractice settlements. In Tennessee, non-economic damages are capped at $750,000 per claim. However, there are no caps on economic damages in the state.
How Medical Malpractice Claims Arise
Before getting to the lawsuit settlement process, victims should know if they have a viable claim to pursue.
Medical negligence claims can arise from different scenarios. At the base of these events, a medical professional causes harm to a patient.
Victims can bring medical malpractice cases against different medical care providers. Your claim may be against a medical doctor, physical therapist, nurse, etc.
Some of the most common errors stem from misdiagnosis, surgical errors, and incorrect treatments. This can include getting the wrong medication, administering the wrong dosage of anesthesia, or receiving the wrong blood type.
Pregnant women may fail to receive the proper care for issues that lead to complications during pregnancy and childbirth.
If none of these things happened to you, but you believe that you were harmed wrongly by a medical professional, seek the help of a lawyer. They will help you understand victim compensation rights.
Modified Comparative Fault
Tennessee is one of the many states that recognize the modified comparative fault. This means the court can assign blame to all involved parties.
There are some cases where medical negligence might be partially your fault. Not all hope is lost for compensation. The reward will be reduced to match your percentage of fault.
The court will not provide you with damages if you are responsible for 50% or more of the injury.
Going to Court With Medical Malpractice Claims
Medical malpractice settlements can take a lot of time. Some people wish to settle before their set court date to make things easier. Tennessee allows you to settle outside of court if both parties wish to.
Mediation and arbitration are both alternative dispute resolutions that a lawyer can help you with.
Mediators run a negotiation to agree with both parties. The parties can also agree to arbitration where an arbitrator will act as the judge and jury to decide to outcome of the case.
If you cannot agree during one of these processes, your case will go to trial.
What to Expect During Trial
If your case ends up at trial, a medical malpractice lawyer will represent you. Hiring a professional is the best way to receive the compensation you deserve. A lawyer will learn your case to figure out the best way to represent you.
During a medical malpractice case, a lawyer is required to prove the standard of acceptable professional practice by calling an expert witness to the stand.
An expert providing testimony to support your claim will help you prove your case further. The expert helps establish whether or not the healthcare provider failed to exercise proper skills or knowledge.
A competent witness has to be licensed in the state. Their testimony needs to be relevant to the case, so having a specialist is ideal. A lawyer will help you secure an expert witness who can benefit your case.
Understanding Appeals
If you lose your medical malpractice case, you can ask for an appeal. If the healthcare provider loses their case, they may ask for an appeal, too.
An appeal goes to a higher court to review the verdict. This court does not require witness testimony and doesn’t look at the facts of the case. Their job is to see if the lower court made an error in the law.
To appeal the decision made by the trial court, a Notice of Appeal is required. A lawyer can help you file this appeal within 30 days of the original judgment date.
Attorney Brian Cummings Is Here to Help
Medical malpractice settlements can be tedious and confusing for someone without a legal background. Cummings Law, led by medical malpractice attorney Brian Cummings, will fight for your rights.
With the help of a professional, you can establish medical negligence and liability. The defense will have experienced attorneys on the case, so you must match their qualifications.
Brian Cummings has more than 20 years of litigation experience and can help you reap the compensation that you deserve. Let’s settle your case. Contact us now to schedule a free consultation.
Posted in: Medical Malpractice