Any individual with a tort action with the general cause of action stemming from medical professional negligence can sue medical malpractice liable parties for either temporary or permanent damages. What this means for the individual patient harmed is that he or she can recover damages for injuries and other losses sustained, regardless of the expected lifetime of these injuries, whether temporary or permanent. Granted, claims involving permanent injuries will incur higher settlement offers or trial awards, but this is only based on the length of time the injuries actually cause damages and harm to the patient. In turn, injuries involving temporary harm, disability, or other losses can recover adequate compensation, but based on the length of time such injuries and other harm existed.
Claims Involving No Harm
An important element for patients to understand is that claims with no harm at all do not present viable medical malpractice claims. For starters, an integral element of any medical malpractice case will be that a patient suffered some form of damages, whether economic or non-economic, for any amount of time, whether permanently or otherwise. Without the existence of damages, a patient does not have a viable claim. This is true even in cases where a medical professional undoubtedly owed a duty of care, breached the duty of care, and medical negligence did occur, but no damages resulted from the medical negligence. In essence, a medical malpractice lawsuit will seek recovery of compensation for damages, and without damages, an individual patient will most likely not have basis for a claim.
Cost-Benefit Analysis of Filing Suit in Light of Potential Damage Awards
Though a patient has the legal right to recover damages for any injuries, harm, or other losses sustained as the result of medical negligence, it may not always be a financially feasible maneuver. For example, a claims case involving relatively minor injuries or other damages, when coupled with the potential for a relatively low potential amount of damages recoverable, may not make financial sense for a patient, as the costs of filing suit may actually outweigh the potential recovery. It is essential to have legal counsel when making these claims valuations versus costs of litigating claims decisions, as each individual patient’s case will widely vary.
Getting Legal Help with Medical Malpractice Suits
In short, any individual patient considering filing a medical malpractice based lawsuit should always consult with a medical malpractice lawyer before attempting any legal action. The nature of any injuries as the result of medical malpractice, regardless of appearance and extent, should be subject to close medical and legal scrutiny. It is not uncommon for seemingly minor or temporary injuries or harm to balloon into something much more serious over time. Consult with a medical malpractice lawyer to learn more about your legal rights today.
