In 2001, USA Today reported one of the most well-known cases of medical malpractice, and it happened to an alumni of Saturday Night Live, Dana Carvey. Roughly two months after the double bypass surgery that was supposed to preserve his life, Mr. Carvey received the news that the surgeon had bypassed one of the wrong arteries. The surgeon, who performed the surgery, stated that it was an honest mistake that occurred due to the unusual positioning of Mr. Carvey’s artery in his heart. Dana Carvey felt quite differently, and subsequently, he filed a $7.5 million dollar lawsuit against the surgeon and the hospital.
If you or someone you know have been a victim of medical malpractice, it is important to document all evidence of the malpractice so when your case is presented to the court, there are no questions of your pain and suffering.
What damages must you have evidence of?
- Medical Bills – any costs associated with treating the injury that resulted from the negligence or that was exacerbated or made worse as a result of the malpractice. The portion of damages covers not just past medical bills but any costs of future expected care as well.
- Lost Wages – This should include all losses, even if the plaintiff was able to take vacation or sick days. It should also include any future losses that will result if the plaintiff expects to miss more work or to be less able to earn income than in the past as a result of the injuries.
- Pain and Suffering – You should be able to prove any pain or discomfort you experience because of the malpractice, and if you need medication because you cannot control your pain or discomfort.
- Emotional Distress – You will want to see a doctor about any psychological damages that you have suffered because of medical malpractice and have them diagnosed. Medically documented emotional distress is a powerful tool in both lawsuits and claims with an insurance company.
If you have any questions about documenting evidence for you medical malpractice cause, or are in need of legal advice or representation please contact Tampa Bay Injury Law Expert, Bryan Caulfield at1-800-535-2529.