Case Study Medical Malpractice Lawsuit

Case Study Medical Malpractice Lawsuit-61
Or, you can go to Nolo's Lawyer Directory for a list of personal injury attorneys in your geographical area (click on the "Types of Cases" and "Work History" tabs to learn about a particular lawyer's experience, if any, with medical malpractice claims).Personal Injury Law Medical Malpractice Claims Do You Have a Personal Injury Case?All states have laws determining what damages can be recovered if the medical malpractice results in the patient's death.

Or, you can go to Nolo's Lawyer Directory for a list of personal injury attorneys in your geographical area (click on the "Types of Cases" and "Work History" tabs to learn about a particular lawyer's experience, if any, with medical malpractice claims).Personal Injury Law Medical Malpractice Claims Do You Have a Personal Injury Case?All states have laws determining what damages can be recovered if the medical malpractice results in the patient's death.

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Depending on the state, not family members can recover.

For example, a state may allow the patient's spouse and children to recover damages, but not the patient's parents (at least in the case of an adult patient).

An expert may still be useful, but in some states simply submitting a certified copy of the medical bill is good enough, depending on the facts of the case. In some circumstances, the patient may be able to recover punitive damages.

The rules on when a patient may get punitive damages vary from state to state, but the general requirement is this: The doctor must have known that he or she was behaving in a harmful manner.

This article covers the types of damages that patients and their families can recover in medical malpractice lawsuits, as well as some of the limits that states impose on the amounts that can be recovered.

(To learn more about medical malpractice claims, read Nolo's article Medical Malpractice Basics.) To get a damage award, the patient must show that: The three categories of damages available in medical malpractice cases are general, special, and punitive. General damages refer to the patient's cost of suffering that, although real, cannot by its nature have a definite price.

Because medical malpractice law is highly regulated by a complex body of rules, which vary considerably from state to state, it is often essential to get advice or representation from a lawyer.

For help on choosing a good medical malpractice attorney, read Nolo's article Finding a Personal Injury Lawyer.

Finally, many states also have statutes that limit the amount the patient's attorney can charge for a malpractice case.

Get the details: State-by-State Medical Malpractice Damages Caps.

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