Medical negligence or malpractice claims can be very difficult claims to establish and prove. Below are some frequently asked questions about medical malpractice claims that you may find helpful.

• What is Medical Malpractice?
• Is Certification Required?
• What can I recover?
• Do I have to pay back my health insurance?

What is Medical Malpractice?

Medical malpractice occurs when a physician fails to do what a reasonably careful and similarly licensed physician should have done in the same situation. Medical negligence occurs when a doctor does something to a patient that a reasonably careful physician would not do or when a doctor fails to do something in treating a patient that the doctor should have done. Some examples of negligent medical care may include: 

• A delay or failure in diagnosing a disease
• A surgical or anesthesia-related mishap during an operation
• The physician's failure to gain the informed consent of the patient for an operation or surgical procedure
• A physician has made the correct diagnosis, but then fails to provide proper treatment
• Misuse of prescription drugs or a medical device or implant
• Wrongful amputation
• Delivery mishaps and birth injuries

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Is Certification Required?

In order to determine whether a potential malpractice case exists, a medical expert must carefully review the medical care in question to determine whether the patient received the inappropriate care and whether the inappropriate care caused the patient to suffer substantial injuries. At Bachus & Schanker, LLC, after an initial review by our experienced medical malpractice lawyers, we will have board certified and objective medical experts conduct a complete review of the circumstance in cases we believe may have merit. If a doctor certifies that the patient received substandard care, a malpractice claim may be pursued against those who provided medical care to the patient, including doctors, nurses, and hospitals.

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What can I recover?

If you have been injured as a result of medical negligence you may be entitled to recover 1) economic damages, which include compensation for past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement, which may include compensation for scars or physical disability as a result of the injuries you sustained in the accident.

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Do I have to pay back my health insurance?

If your health insurance has paid for medical treatment that you were forced to obtain as a result of medical negligence, your health insurance company may have a right of subrogation or reimbursement. What this means is that if your health insurance pays for medical expenses you incurred as a result of someone else's negligent conduct, your health insurance company may have a right to get paid back for those expenses either from the at-fault party's insurance carrier or from any settlement you receive from the at-fault party. Before accepting a settlement from an at-fault driver or their insurance company, it is very important for one of the experienced attorneys at Bachus & Schanker, LLC to closely examine your health insurance policy to determine the extent to which your health insurance company has a right to get repaid.

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