The failure of a medical professional to provide the appropriate care can have catastrophic results.
This negligence can lead to serious and permanent injury, disability or death. At the office of Brad Bradshaw, MD, JD, LC, it is our goal to determine what went wrong, hold the responsible parties accountable for their actions, and, to the extent possible, prevent similar injuries from happening to others.
Medical malpractice claims can involve a large deal of complexity. There are many factors involved in determining whether or not someone would be entitled to compensation and what, if any, that compensation should be. Medical providers and their insurance companies have a lot of resources on their side. We work hard to even the playing field and provide victims of malpractice with an understanding of the situation and their options.
Statute of Limitations & Time
There are strict time limits in which a claim for damages and personal injury can be brought against a negligent party. These time limits are often called "Statute of Limitations." This means that after the incident you only have a certain amount of time in which to file a lawsuit. After that time, your right to file a claim is waived. These statutes vary from state to state, and can vary depending on the circumstances of the claim. If you believe you may have a potential claim, you should seek the assistance of a qualified attorney as soon as possible.
Important things to know about malpractice litigation
Medical malpractice claims are some of the most difficult cases to litigate. The patient's medical records are the major evidence in the case. The doctor, hospital, or clinic has control of these records; and, although it is illegal to alter these records, there is often no way to know if they have been altered or not. Your medical records may not always reflect events the way you remember them. For this reason, it is very important for you to document as much as possible yourself. Be sure to keep notes, including names and dates, on conversations you have had with your medical providers. You should also document any expenses incurred and keep receipts for everything. In the event you decide to pursue a case, the more information you can provide your attorney, the better he or she will be able to represent you.
The key to success in any medical malpractice case is understanding what went wrong. This requires an understanding of the medical records and integrating these records into a cohesive picture. Brad Bradshaw, MD, JD, LC has the knowledge and skill necessary to bring that picture into focus. Dr. Bradshaw's medical training gives him the comprehensive understanding of the medical records required in these cases; and, our firms' trial experience gives us the advantage needed to successfully litigate such complex and difficult cases.
Limits to Compensation
The carelessness of a healthcare provider can result in a future of severe hardships. The loss of ability to enjoy life can be immeasurable. Unfortunately, many states have placed "caps", or limits, on the recovery for this loss. The political campaign to end "frivolous" lawsuits has actually limited the cases with the most merit. While some states have ruled these types of limits to be unconstitutional, there are currently about 35 states or more that impose some form of recovery cap.
Some states have caps on non-economic damages only, or those damages that can not be measured by a precise number; but, they do not limit the amount an individual can recover for economic damages (costs for medical and other necessary expenses). Some states have "total caps", or limits on the total amount of damages, both economic and non-economic, that an individual can recover in a medical malpractice claim. Others have limited the caps to punitive damages (damages awarded to punish the wrongdoer).
Some states have also placed caps on the amount of attorneys' fees that can be charged by attorneys who file medical malpractice claims. Most of these states, however, do not place a limit on the amount of fees healthcare providers, or their insurers, may pay for legal representation. Some states require all fees to be reviewed and approved by the court, for both parties.
List of states with recovery caps:
Types of Compensation
There are six basic types of damages which you may potentially be able to receive compensation for in a medical malpractice case. They are defined below, and the first five are the definitions a jury would receive in trying to determine what to award in a medical malpractice case:
- Past Economic Damages mean damages incurred in the past for financial harm such as medical expenses for necessary drugs, therapy, and for medical, surgical, nursing, X-ray, dental, custodial, and other health and rehabilitative services and for past lost earnings and for past lost earnings capacity.
- Past Non-Economic Damages mean those damages arising in the past from non-financial harm such as pain, mental anguish, inconvenience, physical impairment and disfigurement.
- Future Economic Damages mean those damages arising in the future from financial harm such as medical expenses for necessary drugs, therapy, and for medical, surgical, nursing, X-ray, dental, custodial, and other health and rehabilitative services, as well as lost earnings and loss of future earning capacity.
- Future Non-Economic Damages mean those damages arising in the future from non-financial harm such as pain, mental anguish, inconvenience, physical impairment, disfigurement and loss of capacity to enjoy life.
- Punitive Damages are awarded as a way to punish the wrongdoer. Punitive damages are only awarded in rare cases when it can be shown that the wrongdoer had evil intent or, by his or her actions, showed a conscious disregard for the safety of others.