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Although every wrongful death case is different, the average settlement can range from $500,000 to around $1 million. Some cases can end up with smaller or larger settlements. There's no magical average number with wrongful death settlements, but they can be up to $1 million.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission.
So, if a doctor or a nurse or anyone who provides you with medical treatment fails to take enough care under the circumstances, and you suffer an injury as a result, you have been the victim of medical negligence or medical malpractice.
When a doctor fails to administer treatment quickly enough and the patient's condition gets worse?or fails to respond to treatment?the doctor has exhibited medical negligence and could be liable for malpractice.
Medical Malpractice: Improper or negligent medical treatment of a person under a medical professional's care, which results in injury or death.
Improper treatment is a form of medical malpractice. It differs from other common examples of malpractice, such as failure to diagnose or misdiagnosis. With improper treatment, the doctor diagnoses the condition correctly but fails to undertake the proper treatment.
The terms negligence and malpractice are frequently used interchangeably.