Medical Malpractice, Personal Injury and Wrongful Death
You never see them coming. But still, they leave you injured, or without a loved one. Be it a case linked to medical practice, personal injury or wrongful death, they all see you distraught and reeling; mostly as a result of someone else’s negligence, wrongful conduct, or carelessness.
And then……along with grappling with unprecedented financial woes, medical conditions, grief of bereavement, and many other aches and pains, you start looking for help. Here, we help you take a quick peep into what’s true with regards to these situations.
In the US alone, medical malpractice serves to be the cause of thousands of deaths each year. Yes, more and more people being permanently or seriously injured because of malpractice by hospitals, medical experts, or doctors. Any serious misdiagnosis, medical accident, or medical fault on their behalf may lead to surgical error, injury, loss of life, medical errors, or other medical malpractice issues.
Medical malpractice – it usually refers to an act or omission by a physician or medical professional while treating a patient, in a way that the results deviate from the accepted/established/referenced norms of practice prevailing in the medical community. A specific subset of the prevalent Tort Law that handles professional negligence, medical malpractice is different from medical negligence (though used interchangeably), and is treated differently by the law.
To explain this further, if you are a victim of medical negligence then you have been deprived of essential and proper healthcare. Or, the standard or quality of care meted out to you has not been adequate enough. Although it’s an integral part of the same, negligence on its own cannot be defined in the same category as that of medical malpractice. In a nutshell, to gain legal recourse, or to be compensated for medical malpractice, a physical, mental or financial damage/injury of any form needs to take place.
Sudden accidents or serious injuries may bring about substantial alterations in your life. They have serious personal consequences too. For instance, the negligence of another may bereft you of a limb, or the life of a loved one. While grieving such traumatic losses, you may have to face many other problems such as those related to medical bills, lost wages, and other forms of economic support. These are the last things that you might want to face at this stage, but do you have a choice?
Be it for vehicular/pedestrian accidents or injuries caused by defective products, or more, you may be entitled for a compensation for:
- Mental anguish.
- Funeral expenses.
- Pain and suffering.
- Medical bills.
- Loss of companionship.
- Lost financial support that you may have received from your loved one.
With adequate actions and thoughts in place, you may negotiate a fair settlement. You just need to have a serious discussion with the at-fault party and/or their insurance company.
The wrongful death law is applicable in those tort cases where hospital negligence, standard of care, or the conduct of a medical expert results in the death of a person. Here, the laws deal with compensating the survivors, and not the deceased. The claims in question help those left behind recover from emotional, financial and other support that the victim may have been contributing during his lifetime.
Such claims are commonplace in negligence, medical malpractice, and automobile accident cases; especially where the concerned party has been careless enough to cause harm or accident to the victim. Wrongful death may also be caused due to intentional conduct (for instance, homicide), unsafe pharmaceuticals, defective products, or other situations that involve strict liability.
Whatever the situation, the agony caused to the victim, or his/her survivor is difficult to be compensated by monetary claims alone. Hmmmm…..the created gaps are indeed many, and take a long time to heal.
- DozierMiller Law Group. (2015). Personal Injury and Wrongful Death. Retrieved October 1, 2015, from DozierMiller Law Group: http://doziermillerlaw.com/personal-injury-wrongful-death/personal-injury-and-wrongful-death/
- org. (2015). Wrongful Death Law. Retrieved September 30, 2015, from HG.org: https://www.hg.org/wrongful-death.html
- Paul B. Justi. (2015). Personal Injury / Wrongful Death / Medical Malpractice. Retrieved September 230, 2015, from Paul B. Justi: http://pbjusti.com/practice-areas/personal-injury-wrongful-death-medical-malpractice/
- Volyn Law. (2015). Personal Injury and Wrongful Death. Retrieved September 29, 2015, from Volyn Law: http://www.volynlawfirm.com/practice-areas/personal-injury-and-wrongful-death/