Medical malpractice is a grievous offense that can often lead to significant and serious injuries towards and individual. Injuries that are often much worse than the initial ailment for which the patient was seeking cure. As such, society and the basic rule of law demands that a medical malpractice victim be compensated for the injuries and suffering that has been unduly inflicted upon the victim.
The system of compensating a victim is set forth to punish erring individuals and in some way dissuade others from following suit. The compensation for a victim’s injuries should be in proportion to the damage done to him. It is not a jackpot prize where you can demand just about any amount that your mind can conjure. There are certain facts that a medical malpractice victim or their family members must know so that they can take the proper steps towards the proper legal action.
Always seek counsel
The family of the victim should always consult a lawyer in this scenario. There are a lot of lawyers who specialize in dealing with medical malpractice cases. These people know the workings and know best how to deal with the hospitals and insurance agencies. You should find a lawyer that works on a contingency basis. That basically means that he would only get paid a certain percentage of the compensation (usually this is set around 33%). If you lose the case, you wouldn’t have to pay your lawyer.
Verdict or Settlement
Compensation can be achieved in two ways. The first is an out of court settlement, where the two parties agree upon an exact amount to pay the victim so that he would no longer push through with the lawsuit. This is the fastest and most convenient method of acquiring compensation. Doctors and hospitals also prefer to settle out of court to minimize the news and bad publicity that a full blown lawsuit can cause. Second would be by a verdict, this is where the lawsuit is seen to its end and the doctor being found guilty by the court, is required to pay the compensation as deemed by the court. This is a long and tedious process where the compensation isn’t assured.
Calculating the Compensation for Verdicts
Once a verdict has been reached, the proper amount of compensation is then determined by the court. You lawyer should make the proper arguments and state facts regarding the damage done to the victim. These damages can come from the following criteria:
o Suffering Experienced by the victim
o Medical Bills Paid to repair the damage and the estimated amount to be paid for future treatments.
o Lost revenue, benefits, wages, and the like.
Medical malpractice cases are not your basic civil lawsuits. These cases involve the pain and suffering of an individual whose future may have changed greatly due to the doctor’s lapse in judgment. As such, these cases should not be taken lightly, or be treated as a way to get money. Both parties do lose in this scenario, even if the victim receives the proper compensation.