Medical Malpractice Claim Lawyers
What Is Medical Malpractice?
Medical malpractice is most commonly associated with doctors making mistakes in treating patients, but the scope of medical malpractice is much larger than that. Medical malpractice includes any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient.
Elements to Prove Medical Malpractice
Medical malpractice claims must satisfy all of the following:
- Injury: The doctor or health care provider caused an injury to the patient.
- This is very often difficult to prove. You were likely not in the best of health when you first went to see the doctor, and you don't have the medical expertise to prove the injury connection. Thus, you will probably need an expert witness to testify on your behalf to prove that the doctor's actions or inactions were the source of your injury.
- Negligence: Carelessness on behalf of the doctor or health care provider.
- You must show that the medical treatment fell below the "accepted standard of care."
- The test for "accepted standard of care" is generally what a reasonable health care professional in your community would do in similar circumstances.
- Statute of limitations: The time limit when you must bring a claim.
- The time limit for filing medical malpractice claims varies from 1-7 years depending on your state.
Types of Medical Malpractice
- Failure to Perform Surgery or Other Medical Procedure Properly
- Delay in Treatment
- Failure to Properly Explain Medical Procedure or Potential Side Affects
- Prescription Errors
- Failure to Diagnose Medical Condition
- Improper Treatment
- Anesthesia Errors
Winning a Medical Malpractice Case
Medical malpractice claims are very difficult to pursue. Most medical malpractice cases are very expensive because they involve numerous expert medical witnesses and complicated facts. Doctors are usually unwilling to admit any errors, and they often have the resources to contest any lawsuit. There are also many state limits on medical malpractice awards. Many clients hire lawyers to help them pay the initial costs and provide the expertise to win a medical malpractice case.
Do You Need an Attorney Experienced with Medical Malpractice?
If you or a loved one have been injured by medical malpractice, you should speak to an attorney immediately to learn more about the value of your case and what types of recoveries are available to you.
Consult a Lawyer - Present Your Case Now!
Last Modified: 01-15-2014 03:06 PM PST
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