Compensation for Medical Malpractice

 The field of medicine is one of the most esteemed professions. Many a times we have entrusted the wellbeing of our bodies to doctors, nurses, and other health professionals. Serious medical errors can cause a range of injuries or health complications that have devastating effects on the patient and his or her family. It is therefore almost unbearable when our trust is met by injury, disability or loss of life. This may be devastating to say the least. Depending on the nature of the error, and the medical care required to treat the injury, the patient can face mounting medical bills, lost wages, physical impairments or disfigurements, and emotional trauma. However, all hope is not lost. At Shaffer Law, we choose to fight tooth and nail to ensure you get the rightful compensation. We have great medical malpractice lawyers in Charleston WV who care for your overall wellbeing.

Meaning of medical malpractice

Medical malpractice is an injury caused to a patient through the negligence of a health care provider. The injury may vary, the worst case scenario being loss of life. For a lawsuit to succeed, you have to prove that there was a relationship between the health care provider and the patient. You also have to prove that he or she was negligent. Meaning their direct act or omission caused injury. The act or omission may be in the form of wrongful diagnosis, wrong medical prescription or wrong course of treatment. Finally, you must prove or show the resulting damages. It is worth mentioning that medical records are an important part of the process. The procedural jargon should not worry you as we are here to guide you through the entire process.

Medical Malpractice Damages

The medical malpractice awards are divided into these categories:

General Damages, Special Damages, and Punitive Damages.

General damages refer to the patient’s cost of suffering that has no definite price. The most common examples are:

  • loss of enjoyment of life
  • Pain and suffering of the victim
  • physical and mental pain and suffering, and
  • loss of future earning capacity
  • Loss of consortium by the victim’s family

Special damages financially compensate the injured person for losses suffered due to the defendant’s actions. Special damages are out-of-pocket expenses that can be determined by adding together all the plaintiff’s quantifiable financial losses including medical bills and past missed work. Although there is often some guesswork involved, particularly when it comes to future medical expenses, special damages are typically more exact than general damages.

Punitive damages. meant to punish the doctor, rather than compensate the patient – are rare in medical malpractice cases. In some circumstances, the patient may be able to recover punitive damages.

Contact us today

Call us on 304-400-4044 and get your free consultation. You do not have to worry about any payment. Our focus is to get you your rightful compensation. You do not pay anything unless we win.

With our personal injury attorney Charleston WV, you are definitely in safe hands. If for one reason or another you are unable to come to us, we will come to you. Just contact our law firm and we will be there.

Drew Shaffer and his legal team will work with you every step of the way to overcome those obstacles and help you get your life back to normal.

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