We rely on healthcare professionals to care for us when we’re sick, from diagnosing us correctly to making sure we get the correct treatment and proper attention. Unfortunately, there are times when the doctors, nurses, and caregivers are negligent or inattentive in their responsibilities, leading to added injury, more serious illness, chronic health complications, and, in the most extreme cases, death. It happens all too often, as a 2016 study by Johns Hopkins estimates that over a quarter of a million people die every year due to medical errors and even more people are left with long-term damage and chronic health issues.
If you or a loved one did not receive the proper medical care and treatment which caused more serious medical complications, further injury, and death, you may be eligible for compensation for your ordeal. With the representation and counsel of medical malpractice attorney, Harry H. Albritton, Jr., you will have an experienced, compassionate advocate who is dedicated to helping you get the settlement you deserve.
Defining Medical Malpractice
Medical malpractice is quite difficult to determine without an experienced attorney and expert witnesses looking at your case. This is because, in order to meet the criteria under the law, a case must meet three characteristics.
Violation of the Standard of Care
A patient has the right to expect that health care practitioners and professionals will deliver the proper care that is consistent with recognized medical standards. If this standard was not met in your case, negligence or malpractice can be established.
Injury or Death Occurred Due to Negligence
If a health care professional did not meet the proper standard of care, that alone isn’t malpractice. It had to cause injury, illness, or death. For example, if a person is given the wrong medication but does not have an adverse reaction, the practitioner acted with negligence, but this is not malpractice.
Significant Damages Resulted from Injury
In addition to showing that injury occurred from the incident, the plaintiff has to show that the injury was severe enough to cause damages, including:
- Inability to work/loss of income
- Chronic pain;
- Emotional distress and hardship;
- Significant medical expenses
Examples of Medical Malpractice
Our medical malpractice attorneys have seen cases in many forms. Common instances where negligence or incompetence can cause severe and long-lasting health complications include:
- Birth injuries
- Failure to diagnose or misdiagnosis
- Release from medical care too soon
- Lack of follow-up or aftercare
- Prescription errors
- Emergency room errors
- Surgical errors and unnecessary surgery
- Nursing errors
- Procedural errors
- Disregarding or failing to take patient history
Medical Malpractice Settlements
Types of Case Settlements
Whether your case is settled out of court or the settlement is determined by a jury in your favor, the amount received is based on several factors that can be divided into two main categories:
- Special Damages – These include specific costs related to the incident, including lost wages, medical bills, and estimates of future costs of the injury.
- Non-economic Damages – These include the physical and emotional costs of your injury, such as chronic pain, permanent injury or disability, disfigurement, or emotional trauma.
Punitive damages are also a non-economic cost, but they’re factored differently. While they are awarded to the victim of the injury, they are specifically awarded in order to punish the defendant in especially egregious cases.
Why Choose Irons & Irons P.A.?
If improper medical care led to a serious injury or death, you may be approached by an insurance representative offering a settlement. It’s important to have a medical negligence lawyer review your case before taking any steps. The insurance companies are looking out for their bottom line and the healthcare facility is looking to protect their reputation, and neither are looking out for your best interest. They are betting on your worries, your pain, and your inexperience to take what they offer.
At Irons & Irons P.A., we are dedicated to fighting for our clients, both so they can get a favorable settlement they deserve as well as holding the parties responsible for their injury accountable. Led by Attorney Harry H. Albritton, Jr., our staff includes a registered nurse who is able to analyze medical records with a keen eye for detail to find mistakes and errors, plus we have a network of experts who are able to provide valuable information and, if necessary, witness testimony.
Contact Our Medical Malpractice Attorneys in Morehead City, NC
If you or a loved one is a victim of medical negligence or malpractice, contact the law office of Irons & Irons P.A. in Carteret County. We can provide a free case review and consultation to help you determine your next step. To schedule a consultation, reach out to us at 252-585-5150 or fill out the form below.
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