Can I Receive Compensation for Ongoing Medical Expenses Related to My Medical Negligence Injuries?
When you suffer from physical trauma due to medical negligence, understanding your rights and potential compensation for ongoing medical expenses related to your injuries is crucial. The experienced medical malpractice attorneys at Peter Angelos Law are dedicated to helping you navigate this complex process and obtain the compensation you deserve for medical bills, lost wages, and other damages.
When you work with our legal team at Peter Angelos Law, we will explore the concept of medical negligence, the process of proving medical negligence, the types of compensation available, and how ongoing medical expenses are calculated. You will also learn the roles of expert witnesses and insurance companies in determining compensation and how Peter Angelos Law can help you pursue a medical negligence claim.
Call us at 410-705-2405.
Understanding Medical Negligence
Medical negligence occurs when a healthcare provider delivers substandard care, resulting in harm to the patient. This type of negligence can take many forms, and some common examples include:
- Surgical Errors - These can range from operating on the wrong body part to leaving surgical instruments inside the patient.
- Misdiagnosis - Failing to diagnose a medical condition correctly, or diagnosing it too late, can lead to inappropriate treatment or lack of treatment, worsening the patient's condition.
- Medication Errors - Prescribing the wrong medication, incorrect dosage, or failing to consider potential drug interactions can have serious consequences for the patient.
- Anesthesia Errors - Incorrect administration of anesthesia can lead to severe complications or even death.
The impact of medical negligence on patients can range from temporary discomfort to permanent disability or even death. In addition to the physical harm, patients may also suffer emotional distress, financial hardships, and damage to their relationships.
It is important to note that not all negative medical outcomes are the result of negligence. Sometimes, medical treatment can be unsuccessful or cause complications, even when healthcare providers act with due care. In such cases, a personal injury claim would not be applicable. However, if you believe your injury resulted from a healthcare provider's substandard behavior, consulting an experienced medical malpractice attorney can help determine if you have a valid claim.
Proving Medical Negligence
To establish a medical negligence claim, four elements must be proven:
- Duty of Care - The healthcare provider had a duty to provide a certain standard of care to you, the patient. This duty is generally established by the existence of a doctor-patient relationship.
- Breach of Duty - The healthcare provider's actions or inactions were grossly substandard compared to how a reasonable medical provider would have acted in a similar situation. This can include failure to diagnose, improper treatment, or a delay in providing necessary care.
- Causation - The healthcare provider's breach of duty directly caused your injury or harm. In other words, it must be shown that the injury would not have occurred if the healthcare provider had acted reasonably.
- Damages - You suffered actual harm or loss as a result of the negligence. This can include physical injury, emotional distress, and financial losses.
In a medical negligence case, medical records and expert witnesses play a crucial role in proving these elements. Medical records can provide crucial evidence of the healthcare provider's actions and the harm caused. Expert witnesses, such as medical professionals, can provide testimony on the standard of care that should have been provided and how the healthcare provider's actions deviated from that standard.
It is also essential to know the statute of limitations for medical negligence claims, as outlined in the Maryland Annotated Code, Courts and Judicial Proceedings §3-2A. The statute of limitations sets a deadline for filing a medical negligence claim, typically starting from the date of the injury or the date when the injury was discovered. In Maryland, the general statute of limitations for medical negligence claims is three years from the date of the injury or five years from the date of the act or omission that caused the injury, whichever comes first. However, there are exceptions and nuances to these rules, so it is vital to consult with an experienced medical malpractice attorney to ensure you do not miss any deadlines.
Types of Compensation Available
In a medical negligence claim, the compensation awarded typically falls into three categories: economic damages, non-economic damages, and punitive damages.
These include past, present, and future medical costs related to your injury, such as hospitalization, surgeries, rehabilitation, medication costs, and any necessary medical equipment.
Lost Wages and Loss of Earning Capacity
This compensates for the income you lost due to the injury and any reduced earning capacity in the future. Lost wages can include the time you missed from work for medical appointments, recovery, or permanent disability.
Pain and Suffering
This compensation accounts for the physical pain and emotional distress you experienced as a result of the negligence. Pain and suffering damages can be challenging to quantify, but they are critical in addressing the impact of the injury on your quality of life.
Loss of Consortium
This addresses the loss of companionship, support, and care for your loved ones due to your injury. Loss of consortium damages can help compensate your family for the emotional and practical difficulties they face due to your injury.
In some cases, these damages may be awarded to punish the healthcare provider for their degree of negligence and to deter similar behavior in the future. Punitive damages are typically reserved for cases involving intentional harm or extreme recklessness.
Calculating Ongoing Medical Expenses
When determining the amount of compensation for ongoing medical expenses, several factors must be considered, such as:
- The nature and severity of the injury: More severe injuries often require more extensive and costly ongoing care and treatment.
- Required ongoing treatment and rehabilitation: The costs of long-term treatment, such as physical therapy, occupational therapy, and counseling, must be considered.
- The cost of medication and medical equipment: Prescription medications and medical equipment, such as wheelchairs or prosthetics, can be significant expenses for patients with ongoing medical needs.
- The impact on your quality of life: The need for ongoing care and the limitations imposed by your injury can affect your ability to work, engage in hobbies, and maintain relationships.
Expert witnesses play a critical role in estimating future medical expenses. Medical professionals can provide testimony on the anticipated costs of future treatment, rehabilitation, and medical equipment. Insurance companies must also be negotiated with to ensure fair compensation.
How Peter Angelos Law Can Help
The experienced medical malpractice attorneys at Peter Angelos Law have a significant level of knowledge and a long history of victories in medical negligence cases. Our client-centered approach ensures that your needs and concerns are always our top priority. With our no-win, no-fee policy, you can trust that we will work tirelessly to obtain the compensation you deserve.
Our team will guide you through each step of the medical negligence claim process, including:
- Initial consultation - We will discuss your case, answer your questions, and determine the best course of action.
- Investigation and gathering evidence - We will collect medical records, consult expert witnesses, and gather the necessary evidence to build a strong case.
- Filing the claim and negotiating with the other parties' insurance company - Our attorneys will handle all aspects of the claim process, including negotiations with insurance companies to secure fair compensation for your ongoing medical expenses and other damages.
- Litigation, if necessary - If a fair settlement cannot be reached through negotiations, our attorneys are prepared to take your case to court to fight for the compensation you deserve.
By working with Peter Angelos Law, you can focus on your recovery and well-being while our experienced attorneys handle the legal aspects of your case. We understand the challenges and stress of medical negligence injuries, and we are dedicated to helping you secure the compensation you need to move forward.
Medical Malpractice FAQs
What should I do if I believe I have a medical negligence injury after a car accident?
If you suspect that you have been injured due to medical negligence after treatment at the scene of a car accident or in the following days, it is essential to act promptly.
First, seek a second opinion from a qualified healthcare provider to assess the extent of your injuries and the potential cause. Document all medical appointments, treatments, and expenses related to the injury.
Consult an experienced medical malpractice attorney to evaluate your case and guide you through the process of filing a personal injury claim. The attorney will help gather evidence, build a strong case, and negotiate with insurance companies on your behalf.
How can I pay my medical bills while waiting for my personal injury settlement?
Paying medical bills while waiting for a personal injury settlement can be challenging. Health insurance may cover some costs, but out-of-pocket expenses may still be significant. Discuss your situation with an experienced personal injury attorney, who can advise you on available options and resources.
They may recommend negotiating payment plans with medical providers or exploring other forms of insurance coverage. It is crucial to keep detailed records of your medical expenses to include them in your personal injury case.
If you have been injured in a car accident and require medical treatment, your personal injury protection (PIP) may cover your initial costs up to $2500-5000.
What is the difference between a personal injury lawsuit and a medical malpractice claim?
Both personal injury claims and medical malpractice claims involve seeking compensation for injuries caused by another party's negligence. However, a medical malpractice claim specifically addresses a healthcare provider's substandard behavior that harms a patient.
Medical malpractice claims often require a higher burden of proof and expert testimony to establish that the healthcare provider's actions were grossly substandard compared to a reasonable medical provider. Consult an experienced medical malpractice attorney to determine your situation's best course of action.
How long does a medical malpractice lawsuit take, and when can I expect my personal injury settlement?
The timeline for a medical malpractice lawsuit can vary greatly depending on the complexity of the case, the amount of evidence, and the willingness of both parties to reach a settlement. Some cases may be resolved in a matter of months, while others can take several years to reach a conclusion.
An experienced medical malpractice attorney will provide you with a realistic timeline based on the specific details of your case. It is essential to be patient and trust the legal process, as rushing to settle may result in receiving less compensation than you deserve. Accepting any form of settlement agreement also means you forgo your right to pursue any more in the future.
What happens if my medical bills exceed my insurance coverage during a medical malpractice lawsuit?
If your medical bills exceed your insurance coverage during a medical malpractice lawsuit, it is crucial to discuss your situation with your experienced personal injury attorney. They may be able to negotiate payment plans with medical providers, explore other forms of insurance coverage, or recommend additional resources to help cover your expenses. Additionally, your attorney will ensure that your ongoing medical expenses are included in the compensation sought in your medical malpractice lawsuit.
Contact Peter Angelos Law Today
If you or a loved one has experienced medical negligence resulting in ongoing medical expenses and other damages, it is essential to seek legal guidance from an experienced medical malpractice attorney. The team at Peter Angelos Law is committed to providing personalized, results-driven representation to clients in Maryland and beyond, ensuring that you receive the financial compensation you deserve for the harm you have suffered. Each and every personal injury lawyer on our team is skilled at handling personal injury cases as well as medical malpractice cases.
By seeking compensation for your ongoing medical expenses, lost wages, pain and suffering, and other damages, you can alleviate some of the financial burdens associated with your injuries and focus on your recovery and well-being. With our expertise and compassionate approach, the attorneys at Peter Angelos Law can help guide you through the complex process of pursuing a medical negligence claim.
Contact us today for a free consultation to discuss your case and learn more about how we can help you on your journey toward healing and justice. Together, we will work tirelessly to hold the responsible parties accountable and secure the compensation you need to address your ongoing medical expenses and other damages related to your medical negligence injuries.
Call us at 410-705-2405.