Gynecologist Malpractice
and
Personal Injury

When someone is injured or becomes unwell because of another party’s negligence, malice or recklessness, the party that caused the injury, illness or condition, may be liable for expenses related to the victim’s injury.

A victim of gynecological malpractice should not have to suffer financial hardship on top of the physical and emotional pain that was caused by a healthcare provider’s negligence. When someone is injured because of gynecological malpractice, they may have a personal injury claim that they can seek compensation for. Many people recommend that victims of gynecological malpractice seek compensation for their injury or illness with the help of a reliable personal injury lawyer who is experienced at defending the rights of medical malpractice victims.

Personal Injury

gynecologist malpracticeThe term personal injury is a legal term used to denote an injury to the body, mind or emotions, as opposed to damage or injury to property. In the United States, the term personal injury is commonly used to refer to a type of tort lawsuit in which the plaintiff, or the victim of the personal injury has suffered harm to his or her body or mind.

A personal injury lawsuit is a lawsuit that is filed against the party or parties that caused the harm through negligence, reckless conduct or intentional misconduct. A gynecological mistake or malpractice is one kind of personal injury claim. Common personal injury claims include motor vehicle accidents, work accidents, slip and fall or trip and fall accidents, assaults and faulty or dangerous product accidents. The term, personal injury, also covers medical and dental accidents. It can refer to conditions that are often classified as industrial disease cases such as mesothelioma, emphysema, chronic bronchitis, asthma, occupational stress, contact dermatitis and repetitive strain injury cases.

Many states have similar personal injury laws but each state has its own specific set of laws governing personal injury claims. It is important to seek legal advice about a personal injury from a lawyer who is licensed to practice in the state that the injury occured.

Personal Injury Claims

A personal injury claim is typically filed in order to seek compensation for a personal injury victim’s expenses that are the result of their injury.
Most personal injury claims are based on a theory of negligence but some personal injury cases may result from an intentional act such as reckless or malicious conduct, or defamation. It is important to know a state’s specific personal injury laws before a personal injury claim based on negligence is filed but typically, four elements need to be proved:

  • The party that caused the injury or illness had a duty to act reasonably according to the circumstances
  • The negligent party breached the duty
  • The negligent party’s breach of the duty caused the victim to be harmed
  • The victim suffered monetary damages due to the harm they suffered when the negligent party breached its duty of care

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