Going to a doctor or hospital for care is supposed to be about healing and recovery. But what happens when a medical mistake leaves you worse off than before? Beyond the emotional stress and physical toll, medical malpractice often comes with an added burden—skyrocketing medical bills. Suddenly, you’re left to pay for the consequences of someone else’s error, which can feel deeply unfair and overwhelming.
The good news? You’re not alone, and you do have options. If you’re wondering who’s responsible for these mounting expenses after malpractice, this guide will break it down, giving you the insight you need to take the next steps toward relief and justice.
How Medical Malpractice Leads to Extra Costs
When a healthcare provider fails to meet the standard of care, the results can be devastating. Whether it’s a surgical error, a misdiagnosis, or improper medication, mistakes like these often require additional treatments to fix the issue—or deal with new complications caused by the error. These treatments can include:
- Additional surgeries or corrective procedures
- Extended hospital stays
- Rehabilitation or physical therapy
- Long-term care for disabilities caused by the mistake
- Pain management or other ongoing medical needs
For many patients, these unexpected costs feel like adding insult to injury. After all, why should you be the one footing the bill for mistakes you didn’t make?
Who Is Responsible for Paying These Bills?
When it comes to malpractice-related expenses, the answer isn’t always straightforward. Responsibility often depends on the specifics of the case, but here are some of the parties who might be held accountable:
1. The Healthcare Provider
Doctors, surgeons, or other professionals who made the error may be liable for your additional medical expenses. Every healthcare provider has a duty to meet a standard of care, and when that duty is breached—such as in cases of negligence—they can be held legally responsible.
Example:
Imagine a surgeon leaving a medical instrument inside you during a procedure. Not only do you have to face the pain and trauma of discovering this, but you also need a second surgery to remove the instrument. The surgeon could be held responsible for the costs associated with the error.
2. The Hospital or Healthcare Facility
Hospitals can also be held accountable for malpractice under certain circumstances. This typically happens when the issue stems from systemic problems like inadequate staffing, improper training, or poor facility maintenance. The hospital may also be liable if the healthcare provider who made the mistake is an employee.
Example:
If a nurse administers the wrong medication dosage due to poor training or understaffing, the hospital could be held partly or fully accountable for your resulting medical bills.
3. Insurance Companies
While your health insurance policy may initially cover some of the costs, insurance companies often try to shift the burden back to you. However, in legal malpractice claims, the malpractice insurer for the responsible party may come into play.
Malpractice insurance exists to cover the damages caused by healthcare providers’ mistakes. A successful claim against the provider or facility can lead to compensation that covers your medical bills and other damages like lost wages, pain, and suffering.
How to Hold the Right Party Accountable
The process of determining responsibility for malpractice costs can be complicated, but here are some key steps to help you get started:
1. Document Everything
Keep detailed records of your medical treatments, bills, and any communication with the doctor or hospital. Maintaining a clear paper trail is essential for building your case.
2. Seek a Second Opinion
A different healthcare provider can assess your condition and provide insight into what went wrong. Their evaluation can be used as evidence in a malpractice claim.
3. Consult a Medical Malpractice Attorney
Navigating a malpractice case isn’t something you have to (or should) do on your own. An experienced attorney can help you identify who is responsible, gather evidence, and fight for the compensation you deserve.
What Can You Recover in a Malpractice Case?
If you pursue a malpractice claim, you may be entitled to receive compensation for a variety of damages, including:
- Medical Bills: Coverage for past, current, and future medical expenses related to the malpractice.
- Lost Wages: Compensation for the income lost due to time off work while recovering.
- Pain and Suffering: Acknowledgment of the emotional and physical toll the error has caused.
- Ongoing Care Needs: If the mistake resulted in permanent disabilities, you might receive compensation for long-term care costs.
It’s worth noting that states often have caps on certain damages in malpractice cases—especially pain and suffering—so working with an attorney who understands your state’s laws is crucial.
Medical Malpractice Lawyers in New Mexico
If you or a loved one has been affected by medical malpractice, don't hesitate to reach out to us for a consultation. Our team is here to provide the guidance and support you need to navigate this challenging time. Contact James Wood Law today at (888) 579-3866, and let us help you achieve the justice and peace of mind you deserve.