When you go through the traumatic experience of suffering an injury because of a medical professional’s negligent actions, state laws offer remedies to recover compensation for your damages. An award could cover medical costs, lost pay, pain and suffering, and more.
A civil lawsuit for medical malpractice is challenging and will require extensive knowledge of the legal and medical field, which a driven attorney could provide. If the negligence of a doctor or other medical professional caused your injuries, contact a hard-working Arnold medical malpractice lawyer to begin your claim.
Common Medical Malpractice Claim Causes
There are three major categories that medical malpractice claims fall within. A seasoned Arnold attorney could review records and help determine which type of healthcare negligence a person likely experienced.
Failure of a Medical Professional to Diagnose
If another doctor would have given reasonable care that resulted in a different diagnosis and treatment that led to a better outcome, a court would award damages for malpractice.
Providing Improper Care and Treatment
When a medical professional uses unethical or out-of-the-ordinary methods for treatment, the law will allow the patient to file a malpractice claim.
Failing to Warn the Patient of Known Dangers and Risks
Every medical professional has a legal duty to provide patients with any potential risks of medicine or treatment. Failing to perform that duty may constitute grounds for a medical malpractice suit.
Recoverable Damages in an Arnold Medical Malpractice Case
If a skilled lawyer successfully proves medical negligence, the court will award compensation under the following two categories.
Economic damages cover the person’s out-of-pocket and verifiable losses after medical malpractice. The award would cover losses for current and future medical expenses and the loss of pay and any other monetary losses they suffered. There is no maximum amount of compensation the plaintiff can collect for economic losses.
Non-economic damages cover intangible losses and injuries, including pain and suffering, and other emotional trauma and damages. There is a cap on the maximum amount of compensation the plaintiff can collect for non-economic damages. For injuries the courts do not consider catastrophic, the total possible payment is $400,000, and for catastrophic injuries, the maximum compensation is $700,000.
Deadline for Civil Actions against Negligent Health Care Providers
The court enforces a time limit a plaintiff must follow when filing any civil personal injury claim. The statute of limitations is slightly different in most states if the claim is against a healthcare provider.
Per the Missouri Revised Statutes §516.105, an injured patient must file the action within two years of suffering their injuries. However, there are many reasons that the time limit could vary. The statute states that a person may not sue more than 10 years after suffering damages in all cases. A qualified attorney in Arnold could review plaintiff’s case against the negligent physician to determine the timeframe in which they must file the civil claim.
Meet with a Medical Malpractice Attorney in Arnold
If you are suffering because of negligence and medical malpractice, you are likely dealing with confusion, anger, and many other emotions. You go to a doctor or other medical professional for help, and when it results in more illnesses or injuries, you have the right to expect them to pay for your damages, pain, and suffering. Medical malpractice cases are profoundly complex and require a knowledgeable legal professional to navigate through the process. If you sustained injuries because of negligence, contact a compassionate Arnold medical malpractice lawyer to schedule a consultation.