Securing Compensation For High Severity Medical Malpractice Cases
Aug 14, 2019 09:42 AM EDT
A jury in Baltimore has recently returned a verdict in favor of awarding $229 million for a child's brain injury caused during birth. Although this amount might be capped by state law, this will still be the largest award ever to compensate for medical malpractice in the United States. Research from the John Hopkins University School of Medicine has found that medical errors are the third largest cause of death throughout the US, and many more people are seriously injured through malpractice. In these situations, patients are advised to promptly contact a personal injury lawyer. The number of deaths and serious injuries from medical malpractice won't be reduced without people being held accountable for their actions.
Every year up to 90,000 people are left with long-term disability brought on by a traumatic brain injury. This can be from a blow to the head or penetrating injury, but, in the case of medical malpractice, brain damage is most often caused by lack of oxygen to the brain. For all cases of brain damage or injury caused by medical malpractice, a specialist brain injury lawyer will carry out a thorough investigation, identify any incidence of negligence, and seek maximum compensation deserved. Recovering adequate compensation is important as brain damage is life-changing, resulting in significant medical costs for ongoing care throughout a patient's life.
Compensation For Severe Damage
The limits and caps introduced by tort reform have made it more difficult to make a claim, and although a third of doctors have had a lawsuit filed against them, almost 70% of cases against them don't proceed further. However, although the rate of paid malpractice claims has been declining, those that do succeed result in higher average payouts, and overall payments rose by 2.91% last year. Filing a malpractice suit is more likely to result in a payout, and although only 7% of claims go to trial, almost 90% of them are won by the defendant.
Time Limitations For Claims
A personal injury claim can be initiated as soon as any potential malpractice has been identified, but court proceedings must have commenced within statutory time limits. Depending on the State, this can be between two and six years. However, in situations where a patient is initially unaware of a valid claim arising from medical malpractice, the discovery rule allows a claim to be made after expiration of the statute of limitations. Starting a case as promptly as possible is desirable, as this makes it easier to establish facts, preserve evidence and secure future witnesses.
In cases of severe damage caused by medical malpractice, prompt investigation is essential in order to protect a patient's rights. Adequate compensation enables patients with severe injuries to cover lifelong medical costs, and also helps to ensure that doctors are held accountable for their actions.