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Medical Malpractice Lawyers

Medical malpractice lawyers generally handle medical malpractice cases based on negligence claims made by the injured parties against the doctors, hospitals, nursing staff or other healthcare workers. Sometimes medical malpractice lawyers specialize as birth injury lawyers or brain injury lawyers or another focal point within this area of law.

 

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Medical malpractice lawyers may also handle cases of dental malpractice or malpractice due to wrong diagnosis, medication errors or negligence in anesthesia, emergency rooms, LASIK / laser eye surgery or gastric bypass cases among many other scenarios.

Mistakes in making the correct diagnosis, treatment, or illness management may result in serious injury or fatalities. Medical malpractice lawyers make healthcare professionals accountable for their actions or inactions that have a negative impact on their patients.

Medical malpractice lawyers help those who are injured by the negligence of a healthcare professional or facility recover damages including the costs for subsequent medical care, loss of income, pain and suffering and in some rare cases, punitive damages as well. In most cases, the medical malpractice lawyers will need to show that the healthcare provider breach his or her duty to provide a reasonable standard of care to the plaintiff and this breach resulted in an injury for which there needs to be compensation.

Most cases of medical malpractice do not go to trial (95-percent) and are settled out of court. For those that do go to trial, the medical malpractice lawyers will generally call expert witnesses such as other physicians to establish a standard level of care. Basically, the expert witness will testify that as a reasonable and prudent physician, they would have made different decisions and handled matters differently and if the defendant would have done the same, then no injury would have occurred. Standards of care, vary from state to state so it is imperative for medical malpractice lawyers to know the state law inside and out regarding this matter.

Over 225,000 deaths occur every year do to physician-induced errors according to the esteemed Journal of the American Medical Association (JAMA). Of these deaths, only 10-percent are investigated by a medical malpractice lawyer due to confusion on the part of the remaining family members and the complexities in investigating medical malpractice cases. In addition to product liability lawyers, this subset of personal injury lawyers handle the most complex cases in the industry.

Tort reform has been passed in many states which now puts caps on how much money a plaintiff may recover and the attorneys' fees for medical malpractice lawyers. In addition, most states have a 1 - 2 year statute of limitations on medical malpractice claims so it is important to find out what the laws are in one's particular state.

In some states, before a claim may be filed, medical malpractice lawyers will have to file what is called a "certificate of merit". In order to get a certificate of merit, the medical malpractice lawyer will need an expert witness, who is usually a physician, to go over the medical records and documents and state that the doctor in question did deviate from standard medical practice and procedures and that this deviation resulted in the injury.

Medical malpractice lawyers not only seek damages from doctors, but from hospitals as well. If a hospital employee such as a nurse creates an injury due to negligence or intentional tort, then the doctrine of "respondeat superior" kicks in, which means that the employer is responsible for the actions of its employee in the course of employment.

Generally speaking, there are no guarantees in medical treatment. Injuries, unanticipated and unsuccessful results happen frequently, which do not rise to the level of medical malpractice. Nonetheless, since most cases go unreported or underreported, it is important to check with a personal injury lawyer who specializes in medical malpractice cases if you or a loved one has been injured and you suspect that the injury is do to the negligence of your healthcare professional. Time is of the essence since the medical malpractice lawyer will need to collect important documents, depose witnesses and file necessary papers by the filing deadlines in order to assure that you indeed do have a case.

 

 

 

 

 

 

 

 

 


 

 


 

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