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There are many factors to consider before pursuing a medical malpractice lawsuit. Malpractice cases are among the costliest, time consuming and difficult cases to prosecute. Doctors and insurance companies are willing to fight medical malpractice cases at every step. However, if you have suffered serious injury as the result of a medical professional's error you have a right to seek compensation for the damage you have suffered.
In most cases, a lawyer will work on a contingency basis, meaning that he will only be paid after a successful settlement or verdict has been reached. On a typical malpractice case, a lawyer may spend as much as $50,000. For this reason, Medical malpractice attorneys reject far more cases than they accept. They will only take cases where there is a high probability of winning a large settlement.
It is sometimes a good idea to have your medical records reviewed by a health care professional before seeking out an attorney. Doing this preliminary work will aid you in finding an attorney. If, after doing this preliminary work, you are unable to take your case, you may not have as strong a case as you think. Remember, just because a procedure had a bad outcome does not mean that medical malpractice was involved.
Medical Malpractice lawsuits must prove that the action taken by the defendant was negligent. The plaintiff must also prove that the health care professional's negligence was the direct cause of an injury suffered by the plaintiff.
A medical malpractice claim must show that the doctor violated the accepted standard of care. The accepted standard of care depends on many factors including the facilities available at the time of the procedure, the knowledge available to the doctor and the urgency of the situation. Medical malpractice lawyers depend on expert witnesses to establish that the accepted standard of care was violated.
Four types of errors are typically the basis of medical malpractice lawsuits. Many claims are the result of doctors misdiagnosing the problem. This can either lead to unnecessary treatment for the wrong condition or failure to treat the correct condition. Failure to treat the condition properly is the second ground for negligence. Administering the wrong medication is also grounds for medical malpractice litigation.
Failure to fully inform a patient of the risks and complications of a procedure is grounds for a claim. The law requires informed consent, which means that a patient must be fully aware of the details of a procedure as well as the alternatives before a medical procedure can be performed (with the exception of some emergency situations).
Proving that a medical professional committed negligence is only half the battle won in a medical malpractice case. A medical malpractice attorney must also show that the error was the direct cause of an injury or worsening of the patient's condition. In many cases the defense will claim that the outcome was inevitable.
Once you prove that medical malpractice occurred, you are entitled to damages. Damages include past and future medical expenses, lost wages, lost earning potential and pain and suffering. Punitive damages can be awarded if the negligence was particularly egregious.
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