In 2013, an Indiana jury ruled in favor of an Evansville family who claimed a local doctor was to blame for their child’s severe brain injury and cerebral palsy. The family claimed that the doctor failed to recognize that their fetus was in distress, and this error resulted in multiple health issues for the child, including a need for a wheelchair and a feeding tube. The local hospital was ordered to pay a medical malpractice award of $15 million to the family. However, due Indiana’s medical malpractice cap, the family received just $1.25 million at the time.
When there is an error in the medical treatment of an ill patient, the results can be disastrous. Sometimes, like in the case mentioned before, the damages can be completely life-altering. If your life is drastically changed because of medical malpractice, you should receive compensation for your damages.
Types of Damages
There are two common types of damages typically awarded to a plaintiff in a medical malpractice case. The type of damages you might receive differ based on certain criteria.
This would include any type of economic damage including expenses for life care and medical bills. It would also compensate for any way that the medical error may affect a person’s ability to work and earn a living.
Though these damages are typically seen in cases of economic damages, it can also be seen in a few select cases of noneconomic damages. Noneconomic damages include losses that are difficult to objectively quantify, such as emotional and psychological distress.
These damages are only awarded if the medical professional is found guilty of malicious or willful misconduct. Punitive damages are separate from compensatory damages because their goal is to punish the medical professional for their conduct, not necessarily repay the losses suffered by the patient. For example, if it’s revealed in your medical malpractice case that your doctor was purposefully harming you at your visits to ensure long-term care, a judge will likely allow punitive damages to punish the doctor for their reprehensible behavior.
Do I Have a Case?
If you believe you were mistreated, you certainly deserve a chance to speak with a legal professional to determine if you have a case. While an attorney can go into specific details to determine the logistics of your unique situation, there are four elements that will determine if your medical malpractice claim will succeed:
- A duty or service was owed to a patient by a healthcare provider.
- This duty was breached, and expected standard of care was not performed.
- This breach in care resulted in a personal injury.
- The patient experienced a considerable amount of damages because of it.
Help from an Evansville Medical Malpractice Attorney
If based on the criteria above, you still believe that you were a victim of medical malpractice and this led to a life-altering personal injury, you may deserve compensation. Don’t face the legal side of things alone. Call Hensley Legal Group today or contact us online for a free consultation, and let one of our experienced personal injury attorneys fight to get you the compensation you deserve.
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