An Example of a Medical Malpractice Claim

In Auburn, Maine, a jury recently awarded $3 million to a girl in a case that alleged medical malpractice on the part of medical providers. In this case, the midwife was found to have breached the standard of care expected of her and, because of that, to have been a cause of severe injuries suffered by the plaintiff in the case. How this case turned out gives a good example of a classic medical malpractice suit.

The Basics

In this case, it was being alleged that the midwife did not provide the level of care expected of her. This is negligence. The case was not alleging that she was incompetent, merely that she had failed in her duty of care to the plaintiff in this case. The case also sought damages for the mother’s mental suffering, but failed. When a jury hears one of these claims, they do not have to accept every bit of damages that the plaintiff is suing for if they do not believe that the entire claim is justified.
The girl is the one who actually received the award from the jury. She suffers from a condition that leaves her wheelchair bound. Because of her pain and suffering and her diminished quality of life, the jury saw fit to award her money. They also awarded money based on the medical expenses she has faced and that she will inevitably face as time goes on.
In medical malpractice claims, it’s up to the plaintiff’s lawyer to establish negligence. They have to get the jury to vote unanimously to achieve this goal, which means that you’ll want a very good attorney representing you if you’re considering one of these claims.
Any medical practitioner, midwives included, owes their clients proper medical care. When they fail to offer this, their patients sometimes get injured and the civil courts are there to make sure that these patients have some way of getting compensated so the patient can deal with the fallout of the negligence. This is the only real recourse that many patients have and, without this option, they could find themselves facing bankruptcy and worse over something that was not at all their fault.
If you need medical malpractice information, talk to an attorney at a firm that handles these claims. A Texas medical malpractice law firm may be able to help you put together a successful claim against a negligent provider.