Medical malpractice represents one of the most difficult occurrences for you to wrap your head around. How could a professional on your health care team make a mistake that resulted in your injury and/or illness? While you may never receive an adequate answer to that question, you can sue the negligent person, plus the organization that employs him or her, and get compensation for your injuries.
FindLaw explains that in order to prevail in your medical malpractice suit, however, you will need to produce clear and convincing evidence of the following in court:
- The duty of care that the defendant(s) owed you
- The substandard care that (s)he or they gave you that breached that duty
- The injury or illness you suffered due to this breach
- The proximate cause connection between the defendant’s negligence and your resulting injury or illness
- The amount of your consequent compensable damages
If you prevail in your medical malpractice suit, you can expect to receive the following compensation:
- General damages: your physical, mental and emotional pain and suffering; your current and future loss of the enjoyment of life
- Special damages: your past, current and future medical expenses; your past, current and future loss of income
- Punitive damages: an amount over and above your actual damages if the jury determines that the defendant(s) acted in an especially egregious manner
Keep in mind that you undoubtedly will require the help of expert witnesses in order to win your case. Why? Because juries find it difficult to understand medical terminology and complicated medical concepts and procedures. Your expert witnesses, therefore, should not only be medical professionals themselves, but also have the ability to explain complex ideas and situations in understandable layman’s language.