What types of damages are available in a medical malpractice claim in Annapolis?Written by ruxandra
There are many cases where patients are hurt or injured in a hospital due to negligence and failure to maintain the standard of care. Medical malpractice negligence in Annapolis is something really serious and it can happen to anyone. With the help of your medical malpractice lawyer from Annapolis, you can prove you were the victim of malpractice and may be entitled to compensation.
Types of damages (money awards)
Patients who suffered an injury or got hurt due to medical providers have three kinds of damages they can receive:
- General damages. The compensation is awarded for the suffering the patient suffered, including physical pain, mental pain, pain and suffering, loss of consortium, loss of enjoyment of life, etc.
- Special damages. Think of this as a compensation for quantifiable expenses that are linked to the medical malpractice, including medical bills, lost income, etc.
- Punitive damages. The punitive damages are received when the medical’s conduct was egregious (quite rare).
If the patient dies, their family (including heirs) can file a medical malpractice claim in Annapolis and recover compensation for:
- Damages that occurred up until the patient’s death (from the time of the malpractice)
- The future economic loss of the family due to the patient’s death
Knowing the risks of the surgery – Can you sue the doctor?
Your medical malpractice lawyer from Annapolis can help you file your claim which involves high-risk surgeries. But winning your case may depend on the type of risks. In general, doctors are obligated to inform their patients about all serious risks that may come with certain procedures or treatments, leaving the patient to decide if they want to go forward. This is known as “informed consent”, but the doctor doesn’t have to inform a patient about every single risk about a certain procedure, only the important ones. Consult with your malpractice attorney from Annapolis and see if you can receive compensation.
What about treatment mistakes?
Most of the time, you cannot sue the hospital for the doctor’s mistake. This happens because today hospitals don’t employ doctors, but they make a partnership where the doctors remain independent contractors. But there are a few exceptions to this rule, including:
- When the hospital did not make it clear that the medical malpractice doctor has a non-employee status. Most patients can find this information in the admission form.
- When the patient is being treated in the emergency room and the hospital did not have the time and opportunity to let the patient know about the doctor’s employment status. This is why in most cases the hospitals are responsible for the medical malpractice of ER doctors.
- When the hospital gave staff privilege to dangerous or incompetent doctors.
With the help of your malpractice attorney from Annapolis you will be able to decide on whom to sue, the hospital or the doctor.
For more information about medical malpractice negligence in Annapolis and for a free consultation of your case you can contact the best personal injury lawyer in Annapolis at (443) 569-3950 or send an email at [email protected].