The average payout for medical malpractice can vary widely depending on where the incident occurred, the severity of the injury or illness resulting from malpractice, the potential outcome for the victim, and the type of treatment provided to the victim.
Factors That Affect Medical Malpractice Payouts
To determine the final payout on a medical malpractice case, you want a medical malpractice lawyer to investigate:
- Harm suffered by the victim. Medical malpractice can leave a victim with life-altering illnesses or injuries.
- Future necessary treatment. Some medical mistakes could require long-term medical care to help the victim recover from the error.
- Whether the victim remains disabled. Unfortunately, in some cases, a medical error could result in the victim being permanently disabled.
- Strength of evidence. Like all personal injury cases, the evidence of wrongdoing must be proven in a medical malpractice case. Victims who have strong evidence may find their settlement is larger.
- Insurance coverage. Medical professionals must carry liability insurance if their errors harm a patient. The limitations of these policies will often dictate the final settlement amount.
Medical mistakes can have a grave impact on a victim and their family. Unfortunately, in too many cases, these victims often face a lifetime of treatment to overcome the issues created by inattentive medical professionals.
Understanding the Potential Consequences of Medical Malpractice
When someone visits a medical professional with a specific complaint, they expect the medical professional to take their symptoms seriously. Otherwise, many problems can occur. When symptoms are taken seriously, a medical professional may still diagnose a patient incorrectly.
A study conducted by Johns Hopkins Medicine concluded that stroke, sepsis, and lung cancer were among the top three misdiagnosed medical conditions. Furthermore, they found that 85 percent of misdiagnosed cases resulted from judgment failures.
Doctors send patients home without an accurate medical diagnosis, leading to devastating and deadly results. Lack of treatment for cancers, heart attacks, strokes, and other conditions can end someone’s life.
Holding Medical Professionals Accountable for Errors
Every medical professional owes their patient a duty of care. Duty of care in medicine means that the medical professional has acted in a manner that another professional would consider reasonable, given the same circumstances.
When seeking compensation because of medical malpractice, the victim must prove:
- The medical professional owed them a duty of care
- The medical professional breached their duty of care
- As a result of the breach, the victim suffered a loss
Often, your lawyer may contact other medical professionals to demonstrate that the care exercised by the physician who made the error could have been avoided. This type of expert testimony can bolster a claim for medical malpractice and help provide the basis for a medical malpractice claim.
Malpractice Claims and Insurance Companies
Even when you have a strong medical malpractice claim, an insurer is liable to deny the initial claim. They understand there may be a problem. However, they also do not want to admit their client was at fault. Doing so would put them on the hook for compensation to the victim.
One of the primary reasons a medical malpractice victim should seek legal advice is to ensure they have an experienced medical malpractice lawyer handling a claim on their behalf. These cases are very complicated and require a certain level of knowledge to navigate.
Seeking Legal Advice for Medical Malpractice Claims
When someone has sought medical attention and later learns they did not receive prompt treatment for their medical issue, they could face a devastating change in their lives. Generally, the sooner a medical condition is treated, the more successful the outcome.
Chicago is home to some of the best medical facilities. Unfortunately, this does not mean there are reductions in medical malpractice claims. As reported by the Illinois Answers Project, more than $180 million was paid in malpractice claims in a decade.
Victims of medical malpractice should always seek legal advice. They must take this important step to protect their rights and ensure they understand their legal options. Not every adverse medical outcome is a result of malpractice. Still, when someone suspects a decline in their health could have been prevented, they may potentially have a medical malpractice claim.
Discussing the history of your medical malpractice claim with an experienced medical malpractice lawyer is important. Providing a lawyer with as much information as possible can help them better understand the issues and allow them to better evaluate your case against a medical professional.
When someone has suffered because of a missed diagnosis, an improperly prescribed drug, or a botched surgical procedure, they should seek immediate legal help from a qualified medical malpractice lawyer.
Hiring a lawyer can protect your rights. Someone with a full understanding of the challenges of proving medical malpractice can provide you and your family peace of mind, knowing you have an advocate fighting for your compensation.