How Much Is My Medical Malpractice Case Worth?
Jan. 3, 2023
Sometimes, medical professionals deviate from the accepted standards of care and cause preventable injuries or harm to patients. When this happens, patients can file a medical malpractice lawsuit. However, before taking legal action, you may be wondering, “How much is my medical malpractice case worth?”
If you are considering filing a medical malpractice lawsuit, you need to understand what damages you may be entitled to receive. As a medical malpractice attorney at The Law Office of Dan N. Fiorito III, I can help you calculate the value of your case and ensure that you receive just and fair compensation. From my office in Seattle, Washington, I serve clients throughout Western Washington, including Tacoma, Everett, Bellevue, and the Puget Sound Area.
Overview of Medical Malpractice Cases
Medical malpractice occurs when a medical professional fails to provide a certain standard of care and causes injury or death to their patient. Medical malpractice can take many forms, including misdiagnosis or delayed diagnosis, failure to treat or improper treatment, medication errors, birth injuries, surgical errors, anesthesia errors, emergency room errors, and hospital negligence.
Any of these situations could be considered medical malpractice if they involve the neglectful action of a healthcare provider resulting in injury or death. To pursue a medical malpractice claim, you must prove that there was a duty of care owed by the healthcare provider that was breached.
How to Prove Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide an accepted standard of care and causes injury or death as a result. In order to prove medical malpractice in court, claimants must be able to demonstrate that the healthcare provider’s negligence was the cause of their injury or death.
This means that claimants must be able to show that the treatment they received was substandard and that this substandard care resulted in injury or harm. To make your case, you will need evidence such as medical records, expert witness testimony, and hospital reports, among others.
Economic vs. Non-Economic Damages
If you can successfully prove that medical negligence occurred, you may be entitled to compensation for economic as well as non-economic damages that were suffered due to the negligence.
Economic damages include any out-of-pocket expenses, such as past and future lost wages from being unable to work due to injury, past and future medical bills, lost earning capacity, home healthcare costs, loss of consortium, funeral expenses, and others.
Non-economic damages are those related to pain and suffering (including mental anguish), permanent disability or disfigurement, and loss of enjoyment of life activities.
In some cases, punitive damages may also be awarded when the healthcare professional engages in intentional malicious or reckless behavior.
Calculating the Value of Your Medical Malpractice Case
The value of your medical malpractice case depends on several factors, such as types and severity of injuries sustained due to negligence, the evidence presented at trial, state laws governing levels/caps on recoverable compensation, and others.
An experienced lawyer will help assess all aspects related to your situation so that an appropriate settlement amount is calculated before going into court proceedings, if necessary. This includes taking into consideration any existing insurance policies held by defendants or other responsible parties which will affect the total potential recoverable compensation amounts available for victims/plaintiffs involved.
Furthermore, expert witnesses may also be called upon during trial proceedings to provide additional evidence, which could result in higher awards being granted to plaintiffs.
How Can a Medical Malpractice Attorney Help?
A qualified medical malpractice attorney can help by providing legal advice on how best to proceed with your claim and ensuring that all evidence presented meets legal standards for admissibility. A skilled medical malpractice attorney will be able to accurately assess the value of your claim based on past cases of similar severity and develop strategies for maximizing its potential value—which may involve pursuing punitive damages or other forms of compensation beyond just covering the costs of medical bills or lost wages.
Discuss Your Case With an Attorney
If you need an experienced medical malpractice attorney who understands how these cases work and how to effectively present your case in court, contact The Law Office of Dan N. Fiorito III. As a medical malpractice attorney, I can help you determine how much your case is worth and explain what you can do to maximize compensation. Schedule a free case evaluation today by contacting my office in Seattle, Washington.