Medical malpractice is the third leading cause of death in the United States and accounts for 400,000 deaths each year. It can have a huge lasting impression on someones life. If they lost a loved one due to medical negligence then that is someone who they can never get back in their life. That’s why it’s no surprise that people make use of law firms like Kuzyk Law to help them in their time of need. Although they can’t bring their loved one back, they can at least get some form of compensation for the suffering that they have had to endure by losing someone. Medical negligence doesn’t just end in death though, a person can be misdiagnosed and continue to suffer in their life. This is something which should really be avoided.
Aside from the physical trauma of being misdiagnosed or wrongly treated, medical malpractice has a less noticeable effect on the emotional well-being of patients, their friends, and families. You don’t have to feel like you are alone if you or anyone you know has been a victim of medical negligence. Doctors are people that you should be able to trust, but sometimes this is not the case. For more information on what to do if you have found yourself in this situation, click here. The more you know, the better.
The Supreme Court of Pennsylvania has ruled that patients can sue physicians and hospitals for emotional distress. Medical malpractice in Pennsylvania has now been expanded to include a host of emotional conditions, which is also true in many other states.
While harder to prove, it’s still just as important for your well-being. That’s why we’ve written this article to help you understand how you can prove emotional distress due to medical negligence and receive compensation. If you find yourself in the four walls of a courtroom, you need to start thinking about sourcing some Medical Malpractice Attorneys to help you. You can’t go in alone. Get help!
Establishing Emotional distress
This is obviously harder then determining physical trauma and abuse because there’s no physical evidence left behind. Most likely, you’ll need to file a claim under �pain and suffering’ to state your case.
While harder to prove, that doesn’t mean there isn’t proof for emotional distress. Emotional distress can be defined as an altered mental state characterized by stress, panic, guilt, and a host of other factors, as a result of a traumatic experience. This makes it important to talk to a therapist and friends/family about any suicidal thoughts you may be having, anxiety, or even nightmares as a result of medical negligence.
Proving Emotional Distress as a Result of Medical Malpractice
To prove emotional distress you’ll need to have the support of a psychiatrist and other medical staff. This involves active evaluations, as well as testimony from friends and family about any changes in your behaviour after malpractice. Many states have statutes of limitations, meaning that you need to file suits as soon as a purported injury has been identified.
You’ll need to prove that your emotional distress is persistent and severe. The more egregious the medical negligence and the more extreme the distress, the easier it will be to prove. For example, if you were diagnosed with cancer and suffered stress as a result that would not be negligence. But, if you were misdiagnosed cancer and distressed as a result, you would qualify for a suit.
Unfortunately, some states require physical trauma as a result of emotional distress to qualify for suit. While seemingly subjective and difficult to prove, it’s important that you fight for your right to compensation. Work with an attorney who can help you argue your case and walk you through the process of filing and proving a suit.