Deaths from medical malpractice rank third among the leading causes of death in the U.S. This shows just how serious the consequences of medical malpractice can be. If you get a spine injury, the signal transmission between your brain and the parts below the point of injury might lose its functions.
The costs of managing a spinal cord injury are extremely high, and the negligent medical professional ought to be held liable. While these cases are challenging to build, prove, and win, they are worth fighting for. An Orange County personal injury attorney can guide you on how to go about getting compensation.
What Forms of Medical Malpractice Cause Spinal Cord Injuries?
Medical personnel must be extra careful when handling you because a minor mistake can permanently change. Some of the malpractices that can affect the functionality of your spinal cord include:
- Wrong-site surgeries
- Removal of the wrong body part
- Leaving medical tools and instruments inside a patient after surgery
- Failure to appropriately/accurately identify/diagnose medical conditions
- Medication errors
- Birth injuries occurring before, during, or after birth
- Injuries caused by physical therapists, chiropractors, hospital staff, nurses, or dentists
The spinal cord is a sensitive part of your body and can easily suffer the effects of medical malpractice. If your spine is injured in a medical facility, you can file a lawsuit to recover compensation.
What Benefits Can an Attorney Add to My Personal Injury Lawsuit?
Personal injury cases involving medical malpractice are often complex and challenging to develop. Mainly because the negligence could have happened during surgery when the patient is still recovering. However, you can rest easy if your case is taken up by an experienced Orange County spinal cord injury attorney.
Independent investigations are usually necessary to build a strong case. You will also need medical experts to testify and directly link the spinal cord injuries to a medical professional’s negligence.
What Makes Medical Negligence Cases Difficult to Prove?
The medical community in California usually sets the acceptable care parameters for all known medical conditions. However, in extreme circumstances, a strong justification might be considered. An analysis will determine whether a physician with similar skills and in the same situation would have acted differently.
The legal process begins with seeking a formal review by the medical board. If they conclude that there are grounds for filing the lawsuit, you can easily proceed. Personal injury attorneys from a renowned Orange County spinal cord injury law firm can represent you throughout the sophisticated process.
What Elements Must One Prove in a Spinal Cord Injury Involving a Malpractice?
A successful claim meets all the elements of negligence. Medical malpractice compensation cases are different from other civil cases and have specific characteristics that determine whether you have grounds for a lawsuit.
Plaintiff and Defendant Relationship
You and the defendant ought to have had a doctor-patient relationship for them to owe you care. Anything said outside such relationships is not enough to file a malpractice lawsuit against a medical professional.
The malpractice done ought to have impacted your life negatively in a way. It could have:
- Left you with permanent damage or given you additional medical complications
- Extended your recovery time, causing you to miss work
- Caused you to incur additional medical expenses
Such harm can form the basis for the compensation you will claim in Orange County.
The spinal cord injury victim and their legal team bear the vast burden of showing the jury that the negligence of a medical professional resulted in their injuries. It will also be vital to provide proof of claimable damages.
What Compensation Can One Recover in A Medical Malpractice Case?
Strategic personal injury cases often get compensation awards in the end. The specifics of your case determine the kinds of damages the court is likely to allow. You might obtain compensation for:
- Punitive damages
- Loss of life’s enjoyment
- Emotional distress
- Pain and suffering
- Diminished earning capacity
- Lost wages
- Cost of assistive devices
- Prescription drugs
- Physical therapy
- Hospital stays and doctor visits
A spinal cord injury law firm can only determine the damages you are eligible for after an in-depth review of your case. Most first consultations are free, and if the attorney represents you, s/he will recover the fee only if you win.
Are There Caps on Compensation in Orange County?
Victims of medical malpractice have been limited by the Medical Injury Compensation Reform Act (MICRA) since 1975. However, not all types of damages have a cap. The damages that cannot exceed $250,000 include:
- Loss of limbs
- Loss of fertility
- Pain and suffering
Fortunately, economic damages are not subject to the MICRA cap, and you can get as much as you feel your case is worth. Some of the unlimited compensations are:
- Mileage to and from medical appointments
- Profits or lost wages
- Medical bills
How Long Do Compensation Cases Involving Malpractice Take?
Medical malpractice lawsuits take longer than a typical personal injury case. More time is consumed because of:
- The initial review process
- The contribution of medical experts’ testimonies
Every victim of medical malpractice desires to have their lawsuit concluded as quickly as possible. If an opportunity to settle arises, your Orange County attorney can guide you on the best approach to settlement negotiations. Knowing what is at stake, many defendants might offer a settlement.
Experienced Injury Attorneys Helping Spinal Cord Injury Victims Recover Compensation
The defense team is often committed to fighting tooth and nail to ensure that you lose the case. They might not care about the physical and non-physical suffering you have gone through. What they care about the most is safeguarding their money by refusing your claim.
Having an attorney is a great way to fight for your rights and interests. Personal injury attorneys could help you navigate the complexities of your case and get a compensation award in Orange County. Reach out to us at Gibson & Hughes to discuss your injuries and the negligence that caused them.