Suffering debilitating injuries or losing a loved one due to an avoidable medical mistake can be heartbreaking. Having to go to a hospital for major medical treatments, such as surgery, is a concerning and frightening moment for many. However, incurring additional injury can be physically and emotionally devastating.
Unfortunately, medical malpractice is, after heart disease and cancer, the third leading cause of death in the U.S., according to a Johns Hopkins University report.
It is important to remember that you are not powerless if a medical provider’s recklessness caused your injuries or your loved one’s death. An Aurora medical malpractice lawyer can advise you on how to file a lawsuit for financial compensation. While compensation cannot bring a loved one back or make you healthy again, it can go some way to help with financial responsibilities arising from an injury.
Contact Ben Crump Law, PLLC, today to learn more about your legal options regarding an insurance claim or a lawsuit. Call (800) 641-8998 for a free consultation.
Types of Medical Malpractice Cases in Aurora
A particularly reckless case of medical malpractice can kill or ruin a person’s life, causing catastrophic injuries and disabilities. If a doctor operates on the wrong organ or the wrong side of a patient, for example, the individual may lose the good organ or limb and retain only the diseased one. They may not survive much beyond the operation or suffer from permanent disabilities. They also may be unable to work and live an independent life.
Medical malpractice can also lead to wrongful death. According to the Civil Justice Resource Group (CJRG), up to 200,000 people lose their lives annually due to gross medical errors. This situation can be heartbreaking for families and cause financial hardship. Medical malpractice can come in many forms, including the following:
Mistakes on the operating table may have devastating consequences. Surgical errors can entail operating on the wrong side, operating on the wrong patient, forgetting instruments inside the body, unnecessary surgery, and anesthesia mistakes, among others.
Medical professionals can make errors when they prescribe the wrong medication or the wrong dosage. Mistakes with medications can arise from misdiagnoses when a doctor prescribes drugs for a condition they diagnosed incorrectly. A nurse may also administer the wrong dose to a patient erroneously or mix up several patients’ medications.
Medical malpractice can include misdiagnosis, a failure to diagnose, and delayed diagnosis. All of these errors can prove deadly for a patient. Some illnesses that go undiagnosed or wrongly diagnosed, such as heart disease and cancer, can progress significantly in a short time with potentially tragic consequences for a patient.
Mistakes during labor and delivery can be catastrophic for the health of a mother and her child. Birth injuries due to a doctor delaying a cesarean section, or incorrectly using instruments, for example, can severely injure a baby. This can leave the child with lifelong disabilities. Medical negligence during birth can cause cerebral palsy, nerve damage, stroke, and complicated fractures.
There can be other instances of medical malpractice, including catching a deadly hospital infection, getting discharged too early, errors in aftercare, and many others. The consequences of medical negligence can be painful, emotionally draining, and extremely expensive for patients and their families.
If you or a loved one suffered pain and anguish as well as financial damages due to a negligent medical provider, you do not have to stand for it. Contact Ben Crump Law, PLLC, to speak with a team member who can explain how an Aurora medical malpractice lawyer may be able to help you. You may have legal recourse and could hold the negligent party to account.
For a free legal consultation with a medical malpractice lawyer serving Aurora, call 800-641-8998
Proving a Medical Malpractice Claim
Medical malpractice cases are rarely straightforward. Typically, they rely on expert witness testimony. They can be complicated to prove and may involve numerous at-fault parties and their insurance carriers. A negligence claim hinges on the fact that medical providers have to perform their tasks within accepted standards of care.
However, what is and what is not an acceptable standard of care can be hotly contested in medical malpractice cases. Generally, if a doctor, nurse, or other medical provider behaves negligently and fails to deliver an adequate standard of care, and you suffer an injury as a direct result, you could have a valid claim or lawsuit. To be eligible for compensation, you will have to prove the following elements of a medical malpractice case:
1. A doctor and patient relationship existed.
This can be relatively easy to prove if the doctor in question treated you, and your medical records state this.
2. The medical professional breached their duty of care.
Claimants will have to prove that any care delivered by a medical professional was substandard. You may also require expert witness testimony to prove negligence and breach of duty.
3. The breach of duty of care caused your injuries.
Linking the medical professional’s negligence directly to your injury or illness is crucial. You would have to prove that you would not have suffered your injury if the doctor had delivered an adequate standard of care. You may need expert witness statements to show the link between injury and negligence.
4. The injury caused your damages.
You will also have to prove your damages in a medical malpractice claim. This can include evidence for your medical expenses, lost wages, and other damages.
Medical malpractice cases can present a challenge. They are highly time-consuming to research and often challenging to prove. However, your Aurora medical malpractice lawyer can tackle tough cases and potentially help you receive your due.
Aurora Medical Malpractice Lawyer Near Me 800-641-8998
Compensation in Medical Malpractice Lawsuits
If you could hold a medical provider or hospital accountable for your injuries and expenses or your loved one’s death, you may be able to recover a range of compensatory damages such as:
- Medical expenses
- Lost wages
- Costs for rehabilitative treatments
- A home health aide
- Funeral and burial costs
- Pain and suffering
- Income and benefits from the deceased
- Out-of-pocket expenses
You could also receive other types of compensation, depending on your case. Medical malpractice claims can be daunting, but professional help is available. We can help you find out what you could recover with a claim or lawsuit and how to go about getting the justice and compensation you deserve.
Contact Ben Crump Law, PLLC, today for a free, no-obligation consultation by calling (800) 641-8998.