Going to the hospital can be a stressful experience because you’re not sure what’s wrong with you, how much it will cost, and what kinds of treatments you’ll have to endure. Plenty of people of all ages get nervous about going to the doctor for so many reasons. Unfortunately, one of those reasons could be because the doctor could make a mistake and cause you more damage than what you originally had.
This would be considered medical malpractice because the doctor or other medical professional could make an error that leads to you suffering from more injuries than you did when you initially went to get evaluated. In this scenario, our Las Cruces, NM medical malpractice lawyer can help you hold that negligent healthcare worker responsible for the further harm that they’ve caused you.
Different Types of Medical Errors
When you believe that might have a med mal claim on your hands, you could be wondering what types of medical errors are considered to be medical malpractice. There are many different scenarios where doctors, nurses, and other medical staff are negligent, and they can be considered malpractice because their negligence injures their patient.
Here are some of the most common types of medical errors that could happen that you might be dealing with in your instance of med mal:
- Missed Diagnosis
- Wrong Site Surgery
- Leaving Surgical Tools in the Body
- Medication Errors
- Anesthesia Errors
- Birth Injuries
All of these situations come from a medical professional being negligent while they are evaluating, treating, or performing a procedure on their patient. Not only can these worsen a patient’s condition and make them even more ill or suffer from more injuries, but in severe cases, they can cause permanent damage and even death for the patient.
You might recognize any of the situations above as what happened to you, which would mean that you experienced medical malpractice. Even if you didn’t experience any of these errors, you still might have a med mal claim. A Las Cruces, NM medical malpractice lawyer can help you determine your legal options and prove the other party was negligent.
Proving Medical Negligence Happened
The most essential part of your medical malpractice claim will be proving that the doctor, nurse, hospital, or another party was negligent and therefore at fault for what happened. There are many different parties that you could hold accountable for what was done to you, which can make your claim more complicated than you originally thought. Your med mal attorney will help you determine if the party responsible was the doctor, surgeon, nurse, pharmacist, hospital, urgent care center, or any other entity who could have contributed or been responsible for the negligence that occurred.
Once it’s determined exactly who was at fault, your lawyer will start to work towards proving that party was indeed at fault. They’ll need to prove that medical negligence was present through four main elements:
- A doctor-patient relationship had been established and the doctor owed you a duty of care.
- Their act of negligence breached this duty of care.
- That breach directly caused you to suffer injuries.
- Your injuries directly caused you to suffer damages.
Proving these elements will ensure that the foundation of your case is strong and will help you recover the damages that you deserve from the costs you suffered. Your Las Cruces, NM medical malpractice lawyer will collect all of the relevant evidence so that we can build you a strong case. Let’s take a look at the damages that you could recover from your instance of med mal.
Damages Your Lawyer Will Help You Recover
After experiencing a medical error that qualifies as malpractice, you might be wondering what you can recover financially from your legal claim. It’s likely intimidating to think about going up against a doctor or hospital in a med mal claim, but you deserve to recover compensation and get justice for what happened to you.
Financial recovery can come in the form of economic and noneconomic damages. In very rare cases, there can also be the recovery of punitive damages, but it’s unlikely that you can get those. Punitive damages only apply when there has been gross negligence that needs to be punished.
Economic damages are the more physical costs that you suffered from the doctor’s error. Costs from medical bills, medical equipment, prescriptions, lost wages, loss of future income, and future medical bills could all be calculated into what you’re owed.
Noneconomic damages are less physical and are more the emotional or abstract costs that you suffered in your instance of med mal. Mental trauma, loss of enjoyment of life, and pain and suffering are all aspects of these damages that you could recover from.
There are other costs that you might have suffered that you want to financially recover from, which is where a Las Cruces, NM med mal lawyer comes in. One of our experienced lawyers will help you get all of the compensation you deserve and won’t let you settle for less.
Buckingham Barrera Vega Law Firm Will Fight for You
When you’ve suffered from medical trauma that causes you damages, you might not know where to turn to. You might be feeling lost and trying to heal on your own from your physical and emotional injuries, but that can be difficult when you don’t have the funds to pay for your new and existing bills. That’s why you need the help of a Las Cruces, NM medical malpractice attorney.
We’ll investigate what happened to you, determine who was at fault, and accurately calculate exactly what you’re owed so that you can get full and fair recovery. Insurance companies and other parties will likely try to pressure you into settling for less, but with one of our lawyers representing you, you can have peace of mind knowing we won’t let you be pressured.
Let Buckingham Barrera Vega Law Firm protect your rights and fight for you to get justice. We’ll handle the legal side of things for you so that you can actually focus on healing and returning to your normal life. Reach out to our office today so we can get started on your claim.