Suffering a severe burn can be a life-altering experience, and when we turn to medical professionals for treatment, we expect proper care. Unfortunately, in some cases, healthcare providers fail to deliver the appropriate treatment, leading to further complications or worsening the condition. When a burn injury is mishandled, it may give rise to a medical malpractice claim, allowing the patient to seek compensation for their suffering.
Establishing Negligence in Burn Treatment Cases
Medical malpractice claims require four key elements to be proven:
- Standard of care: Medical professionals are expected to provide treatment according to the accepted practices within their specialty and geographic location. In court, both sides typically present expert witnesses who testify about the proper standard of care. In burn injury cases, this often involves showing how the medical provider could have prevented the injury from worsening or how timely action could have mitigated damage.
- Breach of duty: Once the standard of care is established, the plaintiff must prove that the provider breached this duty. In burn cases, this could involve prescribing the wrong medication, delaying treatment, or improperly handling the wound, leading to infections or tissue damage.
- Causation: The plaintiff must demonstrate that the breach of duty directly caused their injury. In many states, plaintiffs must prove that the medical provider’s negligence was more than 51% responsible for the harm they suffered.
- Damages: Finally, the plaintiff needs to provide evidence of the damages they’ve incurred. For burn injuries, this can include the cost of medical treatment, physical therapy, lost wages, pain and suffering, and long-term impacts such as disfigurement or amputation.
Pain and Suffering in Burn Injury Cases
In addition to medical bills and lost wages, burn injury victims can seek compensation for pain and suffering. This includes both physical pain and the emotional toll of permanent disfigurement or disability. Burn injuries can have lifelong effects, and in cases of severe negligence, plaintiffs can recover compensation for the lasting damage to their quality of life.
Loss of Consortium Claims
Close relatives of a burn injury victim may also be able to pursue compensation for the emotional and relational impact of the injury. These loss of consortium claims allow family members to seek damages for the loss of companionship, support, and love caused by the medical provider’s negligence. While some states limit these claims to spouses, others allow parents, siblings, or other close relatives to file.
How LawyerUp.AI Can Support Your Case
If you’re pursuing a medical malpractice claim for improper burn injury treatment, having a solid case built with precision is essential. LawyerUp.AI simplifies this process by using AI to create the most compelling legal arguments tailored to your situation. After analyzing your case, we match you with a top-tier attorney who specializes in medical malpractice and is committed to getting you the highest possible compensation. With LawyerUp.AI, you gain the advantage of both advanced AI and expert legal guidance, ensuring your case has the best chance for success.