When we go to our health care providers in times of medical need, we place our trust in their hands. As professionals who are responsible for one of the most crucial factors of our life, we hold our health care providers up to a higher standard, and so does the law. Unfortunately, medical malpractice happens more regularly than we would hope; and when it does, you are entitled to compensation resulting from any injuries caused.
If you sustained losses due to a medical malpractice case, a Southaven medical malpractice lawyer can help you recover the maximum amount of compensation due to you under the law. Representing yourself in a potential claim can be overly burdensome. Experienced personal injury attorney David E. Gordon can advocate on your behalf.
Common Examples of Medical Malpractice
A person can require medical attention for a variety of different reasons. As a result, medical malpractice claims can take many different forms. Some of the more common medical malpractice claims can result from the following cases:
- Surgical errors
- Birth injuries
- Items retained in the body
- Failure to recognize symptoms
- Unnecessary surgery
- Incorrect medication or dosage
Many of these errors will be noticeable immediately. If you discover something wrong with your treatment, call David as soon as possible.
Laws Governing Medical Malpractice in Mississippi
A medical malpractice claim can become a complicated legal matter. When pursuing a medical malpractice action, there are specific fundamental legal issues that a client must address from the outset.
Statute of Limitations
Before bringing a medical malpractice claim in Mississippi, a person must determine whether the claim would be compliant with the statute of limitations. A statute of limitation sets out the timeframe in which a person must bring a claim.
According to the Mississippi Code, an injured person must generally bring a medical malpractice action in Southaven within two years from the date that the action occurred, or was first discovered with reasonable due diligence. If they do not bring a claim in time, they risk the action being thrown out entirely. As a result of this limited timeframe, it is essential to consult a Southaven medical errors lawyer.
Standard of Care
Unlike other negligence claims, the standard of care in a medical malpractice claim is not based on what a reasonable person would do. Instead, the standard of care relates to a professional context so that a health care provider must act in the same manner as a competent care provider in the same practice area. Since this standard of care is specialized and must be reviewed in the context of the specification, expert testimony will be required to establish whether the health care provider met the appropriate standard of care.
Compensation Recoverable in a Medical Malpractice Case
As with other personal injury matters, various types of compensation can be recovered from medical malpractice cases. These include:
- Economic damages such as medical bills, future medical care, loss of income, or loss of future earnings
- Non-economic damages which arise from emotional pain and suffering, anxiety, mental anguish, or loss of enjoyment of life
- Punitive damages, which are rare, and will only be awarded where intentional or especially egregious medical malpractice can be proven
With respect to the non-economic damages that can be awarded in a medical malpractice matter, state law has set a cap of $500,000. It can be difficult for an injured person to juggle all of these considerations. Therefore, it is essential to consult a local medical malpractice attorney before proceeding with a case.
Learn More from a Southaven Medical Malpractice Attorney
If you or a family member have suffered from a medical caregiver’s negligence, a Southaven Medical Malpractice lawyer can help you fight for the best possible outcome. If you call the Law Office of David E. Gordon, they can review all of the facts surrounding your case and advise you as to the best way forward. Call now to start the process of recovering the compensation that will keep you financially secure.