We trust doctors, nurses, pharmacists, and other healthcare professionals to heal us with skill and care in our time of need. However, while many do provide this expected caliber of aid, accidents due to carelessness and negligence can occur. Injuries sustained during medical care or surgery can be a physically and psychologically traumatic experience that may leave the patient in a worse condition than when they started.
Medical malpractice claims are usually complex and require a legal professional’s help. If you or a loved one were injured due to a negligent medical practitioner, you should contact a George County medical malpractice lawyer as soon as possible. A seasoned personal injury attorney could review the facts of your case and help you seek the compensation you need.
There are many different types of medical malpractice claims. The most common include:
A George County medical malpractice lawyer could help injured claimants seek compensation from the health care professional that has caused them harm.
There are three categories of damages available for a plaintiff to pursue in a medical malpractice case. Damages refer to the financial compensation that may be awarded to the injured party by the court as a result of their injuries.
Medical-malpractice damages are calculated by totaling the amount of medical expenses that were caused by either correcting the negligence or incurred as a result of the physician’s negligence. Sometimes, that can be difficult to determine, but an expert physician can testify as to those damages that were needed to correct the malpractice or were incurred as a result of the malpractice. With regard to lost income, an attorney typically will employ an economist who will testify to the lost wages the person incurred as a result of the malpractice.
Specific damages or economic damages are the quantifiable expenses that the plaintiff has endured as a result of their injury. This includes medical expenses, lost wages, and future lost earning.
General damages, also known as non-economic damages, refer to less-quantifiable losses an individual sustains, such as pain and suffering, loss of enjoyment of life, loss of consortium, disfigurement, and humiliation. According to Miss. Ann. Code §11-1-60, non-economic damages are capped at $500,000.
Punitive damages are not based on the concept of compensating the plaintiff for physical or psychological expenditures, but instead, it is used to punish the defendant. The plaintiff will be unable to recover punitive damages unless the medical practitioner is found to have acted beyond just ordinary negligence. However, if the court finds that the defendant acted in some reckless or intentional manner, the plaintiff may be awarded punitive damages.
A plaintiff has just two years to file a medical malpractice lawsuit under Mississippi Code Annotated §15-1-36. Any suit brought to court after the statutory period has expired will likely be dismissed by the court, at the financial expense of the plaintiff.
It is best to speak to a malpractice attorney in George County as soon as possible following the discovery of an injury. The attorney could ensure that all claims and supporting documentation are filed within the statute of limitations.
If you are injured due to a misdiagnosis, late diagnosis, surgical error, or other medical malpractice, it is advisable to consult with an attorney as soon as possible.
Speak to a George County medical malpractice lawyer today to learn about what may be possible for your case.