Frequently Asked Questions About Medical Malpractice Claims
1. What types of damages are available in medical malpractice personal injury claims?
For any medical patient who has suffered significant amount of injuries and loss owing to the carelessness of a doctor, nurse, medical facility, hospitals or clinics, recovering monetary compensation by following a medical malpractice lawsuit with the help of an injury lawyer in Guelph is a fundamental right. Generally, there are three types of monetary damages in medical malpractice claims that can be recovered by the victim of medical malpractice. These damages are:
● General damages: This type of compensation is for the pain and suffering that is caused by the malpractice such as mental and physical complications, loss of enjoyment etc.
● Special damages: These types of damages are more quantifiable expenses stemming from the malpractice such as loss of income and earning capacity.
● Punitive damages: These types of damages are aimed at punishing the defendant for their incompetence and negligent behavior rather than compensating the plaintiff.
2. Can I sue the hospital for a doctor's negligence in treating me?
In most of the cases, a hospital cannot be held liable for a doctor's medical malpractice especially if the doctor is not an employee of the hospital. However, there exist several exceptions to this above-mentioned rule.In certain cases, hospitals can be held liable for a doctor's malpractice if the hospital fails to make it clear that the doctor is not an employee of the hospital.
Another such exception exists when a patient suffers medical malpractice at the hands of a doctor in an emergency room. More often than never, hospitals do not find the opportunity to inform the patient about the non-employee status of the doctor in case of an emergency. Because of this, in most cases, hospitals can be held liable for a doctor's malpractice in an emergency room.However, a handful of states allow victims of medical malpractice to sue hospitals in case the hospital happens to have given a non-employee, incompetent doctor the privileges of its staff.
3. Whom can I sue for a nurse's medical malpractice?
Medical malpractice at the hands of a nurse occurs when a nurse fails to fulfill the duties of a competent medical personnel malpractice happens when a nurse does not fulfill duties in a way that a normally competent nurse in the same situation would -- and that negligence injures the patient. An injury lawyer in Guelph knows that in medical malpractice, however, not every mistake or mishap rises to the level of negligence.
If a nurse commits malpractice while caring for a patient, hospitals are often (but not always) on the hook. A hospital may be legally and financially responsible for a nurse's negligence if:
● the nurse was an employee of the hospital
● the nurse was fulfilling a job duty when the patient was injured, and
● a non-employee doctor did not maintain proper control over the nurse.
An attending doctor may also be responsible for the nurse's actions if:
● the doctor was present, and
● the doctor had control to prevent the nurse's negligence.
4. What mistakes can be considered as a case of medical malpractice?
A case of medical malpractice generally occurs when a patient is mistreated, harmed or injured at the hands of a doctor or any other medical personnel. When a medical professional fails to perform competently in accordance with the accepted standards of medical care, the plaintiff has the entitlement to file a medical malpractice claim with the help of an injury lawyer in Guelph. In order to establish that a case of medical malpractice has occurred, it must be proven that the doctor happened to be negligent in one way or the other. The following are some of the scenarios in which a doctor can be held liable for medical malpractice:
● When a doctor fails to diagnose or misdiagnose a disease or illness.
● When a doctor doesn't follow standard medical procedures in treating the patient, or
● When a doctor forgets to warn the patient of all the possible risks of having a surgery or the side effects of certain drugs.
There are many other such elements that need to be established in any medical malpractice personal injury claim which also includes the existence of a professional relationship between the doctor and the patient and the damages resulting from the injury. Since there are a number of things that must be proved to win a medical malpractice claim, your best bet is to hire an injury lawyer in Guelph to handle your claim. To read more Click Here