Pain And Suffering Medical Malpractice Settlements  

Pain and suffering may be defined as mental or physical anguish. This can include pain and suffering resulting from negligence which constitutes medical malpractice. However, a poor result of medical treatment does not necessarily imply medical malpractice.

Medical malpractice requires reasonable proof that the medical healthcare provider attending to you has acted in a manner contrary to what any responsible practitioner would have done in similar circumstances.

The yardstick for pain and suffering is often the degree to which the injury has compromised your ability to enjoy life. You might not be able to follow your old pursuits and sometimes may not be able to perform even the simplest of daily tasks.

Only a negligible number of malpractice cases are referred to court. The vast majority, estimated at 96 percent, are resolved between the victim’s attorney and the insurance adjuster in an out of court settlement. The outcome of a medical malpractice action can result in two awards, actual damages and punitive damages. The former relates to actual expenses incurred as well as loss of income etc., as a result of the injury. Punitive damages are the consequence of extreme negligence and do not often arise.

           Attorneys in malpractice suits generally work on a contingent fee. This means they get paid only in event of a favorable verdict or settlement at a pre-agreed percentage. Malpractice lawsuits are protracted and emotionally draining so the matter must be carefully considered before contemplating a lawsuit. If a reasonable settlement can be arrived at, this is a preferred alternative.

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