What happens after a physician error destroys your life?
Far too often. In fact, mistakes made by doctors are now the third leading cause of death in America. One study from Johns Hopkins found they kill more than 250,000 Americans each year. Others estimate that number is even higher, reaching as high as 440,000.
The point?
Medical injuries aren’t freak accidents. They happen every day — and when they happen to you or a loved one, you have legal recourse.
That’s where a medical injury claim comes in.
The goal of a medical injury claim is to pursue legal action against a negligent provider in order to be compensated for the injuries they caused you. Here’s the kicker… it almost never happens quickly, and it’s almost never as simple as “doctor did something wrong, they pay.” A significant portion of your case will revolve around your pain and suffering damages. This is compensation awarded for the physical pain you endured, the emotional turmoil you experienced, and your loss of enjoyment of life after suffering an injury. Pain and suffering is usually the largest portion of your settlement but can also be the most difficult to prove.
You can learn more about how medical malpractice claims are calculated and pursued.
What This Guide Covers:
- What Is a Medical Injury Claim?
- Proving the Four Key Elements
- Filing the Lawsuit and the Discovery Phase
- How Pain and Suffering Damages Are Calculated
- Settling vs. Going to Trial
What Is a Medical Injury Claim?
A medical injury claim, sometimes referred to as medical malpractice, occurs when a health care provider fails to meet the expected level of care and causes injury to the patient.
Think of it like this:
Doctors, nurses and hospitals are all held to a minimum standard of care. They must behave as a reasonably prudent provider would under similar circumstances. If they fail to meet that standard and you are injured as a result, you might have a claim.
Common examples include:
- Misdiagnosis or a delayed diagnosis
- Surgical mistakes, like operating on the wrong site
- Medication errors and wrong dosages
- Birth injuries caused by negligence
It sounds simple, doesn’t it? It’s not. Demonstrating that an error occurred — and that harm resulted — is where the tough sledding starts.
Proving the Four Key Elements
Four Elements Support Every Medical Injury Claim. Take One Away, The Claim Crumbles.
Here is what has to be shown:
- Duty: The provider owed you proper care.
- Breach: They failed to meet the accepted standard.
- Causation: That failure directly caused your injury.
- Damages: You suffered real, measurable harm.
The trickiest part is almost always causation.
Why? Because the provider’s attorney is going to assert that your injury was caused by the underlying disease, rather than the treatment. You fight back by having your attorneys consult with medical experts who will review the records and testify specifically how the care was negligent.
Without that expert testimony, even an obvious mistake can be hard to prove.
Filing the Lawsuit and the Discovery Phase
Once the evidence is gathered, the formal case begins.
Typically the process begins with a complaint – the pleading document that sets forth what occurred and what is being claimed. The provider is served and has an opportunity to answer.
Next comes discovery, and this is where most of the real action takes place.
Discovery is the phase where both sides exchange information. It can include:
- Written questions, called interrogatories
- Sworn out-of-court interviews, known as depositions
- Requests for medical records and documents
Discovery can take months. But don’t let that deter you. This is the stage where good cases become great. Both sides are forced to reveal their hand.
How Pain and Suffering Damages Are Calculated
Now to the part everyone asks about.
Most individuals only envision medical expenses and lost earnings when they think about compensation. Those are important… but only part of the picture.
Pain and suffering damages cover the harm that doesn’t show up on a receipt:
- Physical pain and ongoing discomfort
- Emotional distress and anxiety
- Loss of enjoyment of everyday life
- Permanent disability or disfigurement
How does something this personal get translated into a dollar amount? Lawyers and insurers typically rely on one of two formulas.
The Multiplier Method
By doing this, economic damages (bills and lost wages) are multiplied by a number. This number typically ranges from 1.5 to 5 and is dependent on the severity of the injury. The least serious injury is multiplied by the low number. The most serious, life altering injury is multiplied by the highest number.
The Per Diem Method
It specifies a certain dollar amount per day that you live with the injury. The longer you take to recover, the greater the amount.
Here’s the catch…
Numerous states place limits on pain and suffering damage awards. This limit can have a major impact on your claim’s value. That’s why skilled legal counsel is so important.
Settling vs. Going to Trial
Most medical injury claims never reach a courtroom.
Why do they settle cases? Because trials are costly, lengthy and uncertain. Nobody likes that. So both parties try to settle first.
A settlement is where the provider (or insurer) agrees to pay you an amount without admitting liability in open court. The advantage is speed and certainty. The disadvantage is you could receive less than what a jury might award.
But sometimes a fair offer never comes.
If so, the case goes to trial. At trial, the judge or jury listens to the evidence and renders a decision. It’s riskier — but if you have substantial injuries with strong evidence to prove them, you could receive a significantly larger award.
It depends on how strong your case is and how much damages are available.
Pulling It All Together
A medical injury claim is a journey, not a single moment.
To quickly recap, the process moves through these stages:
- Confirming a provider breached the standard of care
- Proving that breach caused real harm
- Filing the complaint and working through discovery
- Calculating economic losses and pain and suffering damages
- Settling the claim — or taking it to trial
Rarely is it quick. Rarely is it simple. But for the hundreds of thousands injured by medical error every year, accountability and fair compensation is only possible through this process.
If you think you may have been a victim of medical malpractice, the most intelligent thing you can do is this: get your records, document everything and talk to a qualified professional. They will advise you if you have a case.
When your health is at stake, you deserve answers. You deserve justice.
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