Are hospital lawsuits necessary to get compensation for negligent medical care?
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My girlfriend rushed me to the emergency room at our local hospital after I fractured my ankle in a bike riding accident. They refused to provide me...
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Are lawsuits against Kaiser Permanente barred by law? I heard that they make patients sign an arbitration agreement that prevents medical malpractice ...
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My husband was treated negligently by Kaiser, and he has since been stuck in the hospital. Someone told me that Kaiser has special laws...
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Can I file a lawsuit against my wife's doctor for her wrongful death?
Her doctor didn't diagnose a heart disease that she had, even though
she compl...
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Can I file a lawsuit against a hospital for an anesthesia error? The
doctor admitted that the anesthesiologist made a mistake during my
wifes surger...
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Three years ago, I developed blindness in my left eye and saw a Kaiser Permanente primary care
physician. After being referred to a neurologist, wh...
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My dentist used some kind of cheap fillings, and now most of them are
cracked or falling out, and I'll be needing a root canal, maybe two
root canal...
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I went to the emergency room, and was admitted for abdominal pain.
After waiting for a few hours I was finally seen, only to be released
with pain k...
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Cancer was discovered in one of my kidneys. My
doctor decided that the kidney had to be removed. My other kidney was in
perfect shape. After surgery...
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I went to the emergency room complaining of
severe pain in my lower right abdomen.
After waiting for hours, I was finally seen by a doctor who cla...
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My daughter recently had very painful back
surgery and was in intensive care for several days. When she was released from the hospital, the
doctor...
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I was recently given a prescription from my
Primary Care Physician. When I had it
filled at the pharmacy, I realized it was for Zyrtec rather than...
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I was initially seen by a Gastroenterologist
for ulcers who prescribed medication to treat my symptoms. He did not feel that I needed further
trea...
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I was several weeks pregnant when I went to the
emergency room since I was having vaginal bleeding. The doctor did a blood test and nothing more
w...
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Can you file a medical malpractice lawsuit against a hospital? My
son was recently admitted for an inflamed appendix, and I won't go into
the detail...
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I fell while working at a
construction site and suffered lumbar pain.
After submitting to tests showing that I had extensive degenerative disc
di...
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Question: My husband was being treated for an excess of iron in his blood, and the doctor order that he get weekly blood drawings but he never followe...
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Can I sue the hospital for an undiagnosed ectopic
pregnancy? I went in to the hospital a month ago, early in my pregnancy and I
had pain in my stoma...
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My wife was rushed to the hospital complaining of pain in her stomach
and shoulder, nausea, and dizziness. The hospital told her she had
Pelvic Infl...
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My husband was in the military, and during his tour, he was admitted
into a military hospital in New Jersey to undergo a kidney operation.
The docto...
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My husband has suffered a lifelong battle against obesity, high blood
pressure, and more recently, diabetes. Following drastic worsening of
his ci...
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My gynecologist did not detect abnormalities in my pap
smear, and as a result she didn’t detect HPV or pre-cervical cancer changes.
When I switche...
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Following a surgical procedure, I acquired septic shock, which I
believe is due in part to poor medical care I receive following my
surgery. The t...
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Can a nurse be held liable for not checking in frequently enough on a patient after treatment? Nurses are medical professionals who may be held...
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I believe my husband died as the result of medical malpractice at the
hospital where we took him after he started experiencing discomfort,
pain, and...
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As a victim of medical malpractice, I wish to sue multiple parties that
I believe contributed to the injuries and extra medical costs that I
have en...
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As an older individual that was once heavily involved in athletics, I
have suffered numerous back injuries and other complications for at
least the ...
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Following a surgery to repair a bad fracture, I noticed swelling and
discomfort almost a month and a half after the procedure. I went for a
follow...
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I wish to file a medical malpractice lawsuit, but because of the
extraordinary costs affiliated with my prolonged medical care, I feel
that I cannot...
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I underwent abdominal surgery and was administered general anesthesia for about two hours. While recovering in the hospital, I noticed tingling and n...
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My son underwent a colonoscopy, and the surgeon accidentally perforated his stomach. It went unnoticed and as a result he suffered severe abdominal in...
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I believe that I have been a victim of medical
malpractice from my former doctor. I
recently found out that he does not carry malpractice insuranc...
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Do medical lawsuits involve litigation, or are they handled outside of court?
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My mother was the victim of medical malpractice and we are considering filing a lawsuit. How are damages determined in these types of cases?
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My child was recently a victim of medical malpractice and I would like to file a lawsuit on his behalf. How do I begin the litigation process to fil...
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I have been seeing the same doctor annually for 25 years, and he never diagnosed my heart disease. Every checkup was the same, in and out...
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How do I file a complaint for negligent medical treatment?
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I recently took my husband to the emergency room at our local hospital
after he kept complaining about a severe headache. After being seen by
a do...
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I was misdiagnosed, and underwent unnecessary surgery and have since
been having way more health problems because of it. The doctors
admitted they m...
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I had back surgery, and the operation was
botched by a spinal specialist. How do I
initiate a claim for back surgery malpractice?
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How is medical negligence compensation determined? Is it just medical bills?
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How long will a medical malpractice case take until settlement? I am involved in a case and I really need to get the money from my doctor...
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My wife has been suffering from ongoing illness for almost 8 months
caused by a mistake in the medical records made by our doctor. I want
to file a ...
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How is a money award calculated in a medical malpractice lawsuit? My
wife and I feel we may have a case, but we want to know what to expect
as far a...
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A couple of months ago my husband passed away
after suffering a major heart attack. My
husband was an avid jogger, ate right and had no outwar...
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I suffered injury due to an unnecessary pace maker implant. My doctor implanted a pace maker, but I have visited several other doctors as...
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If we file a medical malpractice lawsuit, how long will it take before we receive compensation? My husband has been suffering severely due to a mistak...
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My 9-year-old daughter was recently released
from the hospital after what was supposedly an uneventful tonsillectomy. Three
days after her release, ...
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I was severely injured in a car accident when
a patient driving home from a physician's office ran a red light and caused a
head-on collision with m...
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My husband recently died from an infection he contracted while he was
recovering from surgery in the hospital. I believe that the hospital
was neg...
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Is there a time limit to file a medical malpractice claim?
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I recently had a hysterectomy and the surgeon injured my bladder with
his scalpel. Since the surgery, I suffer from severe incontinence
problems. Ca...
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Question: My mother
was rushed to the hospital emergency room after experiencing severe heart pain.
The doctor determined that it was necessary to p...
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What are the steps involved in a medical malpractice lawsuit? How much does a good medical malpractice lawyer charge per hour? First of all, do not he...
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I believe that my son was a victim of medical malpractice and want to file a claim against his doctor. What evidence do I need to prove a claim of m...
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What happens once a hospital lawsuit is filed?
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What kind of attorney do I need for a medical negligence case? Is it a case that a personal injury lawyer would handle?
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What kind of compensation can my family and I get for a disability that resulted from negligent medical care? If we file a medical malpractice...
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My mother was killed as a result of hospital negligence. She went to the hospital and she was killed when a nurse gave her the wrong dose of her medic...
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Why do good medical malpractice cases go unprosecuted? Isn't there a way to file a claim, even when the damages are not large?
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I have been thinking about filing a medical malpractice claim due to
mistreatment an injury that my wife received while in the hospital.
After some ...
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I have Kaiser insurance. I was injured by my surgeon’s
negligence during my knee surgery. As a result, I’ve suffered more damages than
I had bef...
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Answers
There are a wide variety of damages in a medical negligence case for which you and your family may seek compensation. Generally, a medical malpractice lawsuit will demand compensation for economic and non-economic damages. In the most severe cases of gross negligence by a medical professional, punitive damages may be awarded as compensation as well.
Economic Damages: Income and Medical Bills
Economic damages are those expenses that a victim of medical malpractice has lost (or paid) as a direct result of the negligence caused injury. Common examples of economic damages are lost income and medical expenses.
For both lost income and medical costs, the court will award money for past, current and future damages. For example, if an injury leads to someone becoming unable to work, or unable to earn as much as before the injury, all the future lost income will be paid out in the award or settlement. Additionally, with regards to medical expenses, all the bills associated with the medical malpractice injury will be covered and the court will award money for any estimated future costs of medical care.
Non-Economic Damages: Pain and Suffering
Non-economic damages are those that are not easily "quantified". The most common example of this is compensation for pain and suffering. Calculating a payout for pain and suffering is fairly subjective, and usually based on payouts in similar past cases.
In many medical malpractice lawsuits, compensation for pain and suffering will make up the largest portion of the award or settlement money. However, many states have placed caps on the amount of money that may be awarded for pain and suffering. These caps usually range from $250,000 to $750,000, and are in place as an effort to minimize the cost of medical malpractice insurance for hospitals and doctors.
Some states that have placed caps on pain and suffering in medical negligence cases include California, Texas and Florida. Some large states like New York and Pennsylvania have not placed such caps, and other states have removed them after deciding they were unconstitutional.
Punitive Damages: Punishment
In cases of gross medical negligence, punitive damages may be awarded as punishment for the poor treatment of a hospital or doctor. These cases are rare, and involve levels of medical negligence or carelessness that are believed to pose a serious threat to future patients.
Punitive damages are paid to the patient in addition to all other compensation to punish the hospital or doctor and to ensure the same gross negligence does not harm patients in the future.
References:
Posted by Staff Writer on 08 Feb 2010
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