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The basics of Medical Malpractice.

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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Articles about Personal Injury Law

All about Head Injury Lawsuits in USA.
Head injury is a trauma to the head that may include injury to the brain and other parts of the head, such as scalp and skull. Head injury includes traumatic brain injury (TBI). These injuries can be life altering causing severe intellectual impairment, physical...  more

All you want to know about Chicago personal injury lawyer and accident injury claims
Personal Injuries can take place at any time and at any place in Chicago. You could be at your work place, at home, or even out in a shopping mall. There is no telling where or how a personal injury may happen, or who may be at fault. In order to properly...  more
Useful Tips
What type of compensation can I claim in case of a slip and fall accident?
A good personal injury lawyer will tell you that the type of cempensation that you claim in a sklip and fall case depend largely upon the nature of the case. The various types of compensation are : 1. compensation of Medical costs 2. compensation for damage to clothes 3. compensation for lost of income due to the injury 4. Compensation for the suffering due to the fall 5. General damages. Slip and fall cases are hard to prove in course, so it is always a good idea to get an experienced lawyer. Some of the things that you will need to prove are 1. Your injuries 2. Proof of hazardous area 3. Witnesses 4 Site reports of the incident 4. photos of the scene. If you intend to file a claim for damages or compensation, we suggest you to hire a good personal injury lawyer.

What compensation can I seek for a car accident?
A good personal injury lawyer will tell you that car accidents have a damaging effect on the effected persons property and livelyhood and the law has a number of provisions through which one can seek compensation. You can seek the expenses towards medical costs, compensation for lost income (while you are in the hospital), compensation for the damaged vehicle or property and costs related to hiring a new car while the old one is being repaired. Apart from these compensations, you could also seek punitive damages if the accident and resulting injury occured due to someones reckless driving. Punitive damages can also be claimed if the accident occured due to a defect in the the manufacturing of the car that led to the accident (Such as slippery tyres). If you intend to file a claim for damages or compensation, we suggest you to hire a good personal injury lawyer.

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