Every year, thousands of cases are filed with the United States court system relating to the negligence of a medical doctor or any other professional. The insurance industry, as well as other professionals, report to claim that the overwhelming majority of these cases end in monetary damages being awarded against the medical practitioner.
Patients must understand, however, that most doctors or other professionals who commit malpractice do so with an intention of gaining money. Medical malpractice attorneys must constantly be on the lookout for such cases. If a patient can prove that the practitioner acted negligently and caused harm to them, they may have the right to seek compensatory damages in court.
Wrongful death claims are another area where medical malpractice can be a factor. The principle behind wrongful death claims is that when a person died as a result of their negligence, they are entitled to some type of financial compensation.
For example, an emergency room doctor who neglects to give an asthma patient the proper medication may have committed the medical malpractice. On the other hand, if the doctor administered the wrong medication, but it was indicated to him by the patient’s spouse, then he could be held liable for not treating the patient correctly. A medical malpractice attorney will examine the situation and determine whether the practitioner is guilty of wrongful or negligent behavior.
In addition to finding negligent or wrongful behavior, attorneys will review all the facts of a medical malpractice cases. An expert will then make a determination as to whether or not the case should be pursued to trial. In some instances, medical malpractice cases never go to trial.
The rules regarding medical malpractice are set by state law. In most cases, the standards are somewhat similar, although the laws can vary slightly from state to state.
If a lawsuit is filed by a patient, an attorney must exhaust all avenues before deciding whether to file a lawsuit on their client’s behalf. While many states have no statute of limitations for medical malpractice cases, attorneys must file all necessary paperwork with the court, at the earliest date possible.
Some clients of the law actually opt to keep their mouths shut about their malpractice claims, because they are afraid that their malpractice attorney will notify their insurance companies or other professionals. If a client chooses to keep quiet, the attorney may seek out private settlements from the practitioner.
When an attorney is retained by a client, the client may be entitled to possible damages from the alleged malpractice. Many clients don’t realize that they have a case until their attorneys bring it up, but if the practice has happened, there is often a need to prove that the malpractice is negligent.
One of the ways that medical malpractice is substantiated is through the use of X-Rays. X-Rays are great at showing what went wrong, but without video footage of the accident, it is difficult to make a conclusion regarding what occurred.
Other reasons for filing a lawsuit relating to medical malpractice are the financial costs associated with the treatment. A malpractice suit can be complex, and it is helpful for both the victim and his or her attorney to determine what the chances are of winning the case, and how much they will likely have to pay to resolve the issue.
Experience is important, but if you aren’t confident that you will be successful, it would be better to ask for an attorney who has the expertise to take on your case. You can learn a lot about the process by watching the television shows “Law & Order: SVU”Law & Order: Special Victims Unit.” Additionally, these shows feature professionals who have been successfully sued for malpractice.