Medical Malpractice Lawyer

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A medical malpractice lawyer or attorney is qualified to handle different types of cases that include negligence by a physician, pediatrician, hospital, misdiagnosis, bad medication, wrongful death and possible drug overdose. Generally, the medical malpractice attorney orders the medical history of the patient filing the lawsuit, as well as examining the medical records, to determine if the case is worth filing.

Medical malpractice lawyers represent clients who experience injury due to negligence or substandard care on the part of a medical professional. You will find that most medical malpractice lawyers have a membership with the National Organization of Social Security Claimants' Representatives.

Medical malpractice cases are usually very long ones. The process requires a lot of research and most insurance companies, naturally, will do as much research on the case as possible in order to strengthen or defend their position. This means that they will not be ready to settle quickly, and that anyone bringing a medical malpractice lawsuit will need be patient and prepared for a long wait. If you are a claimant, and you are in the process of selecting a medical malpractice attorney, it's a good idea to make sure that you feel comfortable and confident with not only the attorney but also their staff and entire office. You'll be working closely with them, probably for a long time.

In any medical malpractice case, the attorney has certain proofs that must be met. First, it's necessary to prove that the medical practitioner owed a duty to the patient, and that there was an accepted standard of care to which they were professional bound to adhere. Next, it's up to the attorney to prove that the duty was breached, or that the standard was not met. The attorney must further prove that the breach of duty led to injury or harm. Lastly, damages as a result of the injury must be demonstrated. If there are no damages, there can be no basis for a claim, even if the medical provider was negligent.

No medical malpractice lawyer can guarantee the success of any case, since there are so many variables in each one. Most malpractice cases do go to trial, but a small percentage of them are settled before they go to trial. Since there are a great number of malpractice lawsuits filed, some states have also set guidelines, requiring that the defendant must first attempt mediation or arbitration before pursuing a malpractice case. A medical malpractice lawyer or attorney can advise their client regarding the possibility of undergoing arbitration, and what to expect at an arbitration hearing.

Many lawyers will take these cases on a contingency basis, which means that the client is not required to pay fees upfront. When the case is settled in your favor, and you receive a settlement award, you will pay a percentage of your award as lawyer's fees. You may also be responsible for some minimal cost in the end for filing fees or expenses, so you need to read your agreement or contract carefully. Different types of damages may be awarded to you, such as punitive damages. If the negligence was malicious, obvious or fraudulent, a judge or jury may choose to punish the defendant financially to ensure proper procedures and treatment in the future.

Medical malpractice claims can be sometimes erroneous, and enough substantial evidence may not be available to pursue a medical malpractice law claim. To prove that you experienced medical malpractice, your lawyer will require that you provide enough evidence to substantiate liability. Experts have to be interviewed by the medical malpractice attorney. As long as your lawyer can establish liability, there is reason to take the case to trial to recover any medical malpractice damages.

The medical malpractice lawyer also has to take certain things into consideration, such as state-specific statutes of limitation and proof of negligence.


Legal•Info State Medical Malpractice Information

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