Mississippi Medical Malpractice Lawyer

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Medical malpractice law is a form of tort law designed to offer a remedy to patients suffering from an injury from an act or omission—one which deviates from accepted standards of practice in the medical community—by a health care provider. Medical malpractice is professional negligence conducted by a healthcare provider that results in injury. Examples of medical malpractice include:
Misdiagnosis of, or failure to diagnose, a disease or medical condition;
Failure to provide appropriate treatment for a medical condition;
Unreasonable delay in treating a diagnosed medical condition;

An injured patient can bring a medical malpractice action against any responsible, licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms. Even within the specialized practice of medical malpractice law, some lawyers have subspecialties of practice. Examples of such subspecialties are surgical errors, misdiagnosis, or birth trauma cases.

There are specific elements in a medical malpractice case that have to be brought forth in order to have a case work. They have to show that a duty was owed, meaning that there is a legal duty that exists whenever a health care provider or hospital engages in the care or treatment of a person. Showing that the duty was breached is important, because it shows that the provider did not conform to the standard of care that is relevant to their case. Breaches are proven by expert testimony or by obvious, documented errors. A Mississippi medical malpractice lawyer is a good source to gather such testimony and documentation. Furthermore, it must be proven that a specific breach caused a subsequent injury, and specific damages must be reported. If there are no damages, then there is no real basis for a claim, even if the medical provider was acting in negligence.

Medical malpractice lawsuits can be very expensive to pursue. Significant technical skills may be needed in prosecuting a malpractice claim. This creates a risk that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error resulting in a case being lost or dismissed.

In recent medical malpractice news, a husband underwent a gastric bypass surgery, and a week later, after having an internal infection, he died. His esophagus had been patched to the intestinal tract when it should have been connected to the gastric pouch. The wife received $1 million in damages. This is but one example of medical malpractice.

Mississippi passed a tort reform act in 2002 with several provisions specific to medical malpractice. Most of these apply to lawsuits filed on or after January 1, 2003. The act provides that a medical malpractice action may only be brought up in the county where the alleged act or omission occurred (about 178 medical malpractice attorneys practice in Mississippi). Some of the act's key provisions include the following:
Non-economic damages are sapped at $500,000 in medical liability cases.
There are no special limits on attorney fees in medical malpractice cases.

Medical malpractice actions must start within two years from the act or omission that resulted in injury, or from the reasonable date of its discovery. No malpractice action may start more than seven years after the date of the act or omission underlying the malpractice claim. This includes death claims. These are only the highlights of the new reform, and there are many underlying, more complex issues to deal with when applying a medical malpractice lawsuit, making it essential to employ the experience and knowledge of a qualified Mississippi medical malpractice attorney.

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