Monday, May 13

Is The Loss of Consortium Possible in a Medical Malpractice Claim?

Any loss incurred or injury caused by the act of another person’s negligence can be compensated through an insurance claim if the victim chooses to recover the losses in monetary value as a legal settlement. 

Personal injury may occur in various forms, like slip-and-fall incidents due to uneven flooring or wet tiles, aggressive pet dog attacks, and wrongful death by a doctor resulting in medical malpractice. 

Usually, a sick or ill person visits a doctor in a trust that the doctor is well-qualified and trained to offer medical service. However, if the doctor fails to provide an appropriate treatment resulting in complications in the patient’s body, the patient has the right to seek compensation.

Hence, A Winchester medical malpractice lawyer can offer legal services in helping a patient or a victim who has suffered from medical malpractice due to a doctor’s negligent act. 

Other damages that can be compensated for medical malpractice:

  1. Lost wages

A few medical conditions may take a long time to heal and the person to recover and go back to his standard form. In his recovery period, he might be unable to work and earn an income. Hence, in such cases, if medical malpractice impacts a person’s ability to earn, he can claim compensation in the name of lost wages/income.

  1. Emotional distress

Although it is uncommon that most people do not realize that they can claim compensation for the trauma they face from a personal accident, especially in medical malpractice where a person’s physical and mental health is affected massively. Hence, any mental suffering due to the malpractice from the doctor can be compensated.

  1. Financial burden

In the event of medical malpractice, the injury is caused by the doctor, so he is obliged to pay his patient’s unanticipated medical coverage. The doctor should not limit the financial support only to the injury caused but also other costs that may arise from the injury like future medical bills, physiotherapy costs, hospital room charges. Hence, the financial burden suffered by the patient should be compensated by the doctor by law.

A doctor should ensure that he offers adequate medical treatment without distractions and prescribe the appropriate medication. Any attempt to malpractice may end in legal compensation attempted by the patient with an attorney’s help. A victim should not approach an insurance claim without hiring an attorney since the legal procedures may be unclear.