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Medical Malpractice

Medical Malpractice Law

What Does Medical Malpractice Law Say About Your Case?

If you believe that you have been injured by the negligence of a doctor or a hospital, you may need to look into contacting an attorney and filing a medical malpractice lawsuit. However, there are many misconceptions about medical malpractice law that should be dispelled. Do not believe all of the myths; instead, find and listen to the advise given you by an attorney experienced in medical malpractice law.
Hospitals, and even physicians, will sometimes include language in the forms you sign when you begin treatment that purports to waive your right to sue the physician. These types of waivers are typically ignored by the courts. In other words, you have not waived your rights by signing that document prior to a procedure.
You will have to be ready to prove to a court that the medical procedure was handled improperly and that this caused you damage. Keep a daily diary of any events and any pain or disability you experience.

The Fact That They Were Caused by the Malpractice

An expert will usually have to be retained to testify as to whether the physician or hospital was negligent and did not meet the “standard of care.” You will also need an expert who can testify about the amount of your damages and the fact that they were caused by the malpractice. Damages include such things as additional medical bills, disability, pain and suffering and lost wages. Your attorney, who is used to working in medical malpractice law, knows the appropriate expert for your case.
Realize that experts are very expensive, although your attorney will likely pay the expert’s fee up front.
You should also understand that a medical malpractice case is not always successful. Quite often juries are more sympathetic to doctors and hospitals. Even if you win your case, you may not win as much as you bargained for. Your case might be the multi-million dollar verdict that you read about in the newspaper. However, let your attorney guide you as to the true value of your claim, as he or she has more experience in knowing what cases are real winners and what juries award in your jurisdiction.
Note however that if you do have a legitimate case, chances are very good that a settlement will be done outside of the courtroom since the doctors and hospitals do not want the huge negative publicity that would accompany a settlement.
Because of the legal and economic hurdles in medical malpractice law, the vast majority of medical malpractice lawsuit claims are settled before they ever get to trial. However, this should not keep you from taking your case to a lawyer for a review. If there has truly been malpractice and if you have been injured, you could have a valuable claim.…

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Medical Malpractice

Medical Malpractice Law Firms

The Necessity of Medical Malpractice Law Firms Negligence Law

Medical negligence is the name given when a Medical Malpractice Law Firms professional has been negligent and this has caused a patient’s injury or death. This means they have failed to provide the expected level of care which has specifically caused the injury or death. Medical negligence legal cases can result in the prosecution of those guilty of negligence and compensation being paid to the effected person or persons.

Criticisms

There have often been criticisms of medical negligence and Medical Malpractice Law Firms negligence solicitors. They have been criticised for benefitting from mistakes made by others, especially so-called ‘ambulance chasers’, a term used to describe unethical lawyers who encourage victims to sue for damages caused. This type of thing has been blamed for much of the ‘blame culture’ and ‘suing culture’ that some claim has taken over society in recent years – with people always looking for someone to blame and looking to sue for anything they can.

The Reality

The reality is that you cannot sue for anything. For a successful legal case there must be genuine blame and genuine malpractice; we are not talking about innocent mistakes being made. Those who can be held legally responsible for Medical Malpractice Law Firms are those who have failed to follow rules and regulations or taken unnecessary short cuts that have put others in danger. It is those who have deliberately ignored their responsibilities which has risked lives or the health of others.

Accountability

Where medical malpractice law negligence has taken place it is important that those responsible are held accountable. Yes mistakes happen – but negligence cannot be accepted. Genuine mistakes are acceptable – everyone makes mistakes, including health professionals. However, there is a difference between this and taking actions that cause a greater than necessary risk of health problems for patience. Negligence is not carrying out the correct duty of care and correct procedures, and that is not acceptable. Therefore, those guilty must be dealt with by the law and prevented from doing the same again.

Compensation for Victims

People who gain compensation in the event of suffering due to negligence are not being rewarded; they are being compensated for something that has negatively impacted their lives. Examples of this include people who have lost loved ones, those who are forced to give up work, those no longer able to walk, and those who have lost their hearing or eyesight. Compensation in some cases is needed so victims can get the healthcare they require or to compensate for a loss of earnings.
There are bad apples in the medical negligence industry including some who encourage others to sue when there aren’t the right circumstances for legal proceedings. However, the majority of medical negligence solicitors are looking to help those in need; to improve the lives of victims and hold responsible those who have caused patient’s problems through negligence. There is an important distinction between genuine mistakes and negligence. Mistakes are acceptable while negligence is not, making it important to have the legal system to correctly deal with these issues when they occur.
Andrew Marshall…