Medical Malpractice

Patients are injured in U.S. hospitals every day, and these injuries can lead to medical malpractice claims. Medical malpractice law governs the liability of doctors and other  treatment providers when they cause harm to a patient by rendering their  services in a negligent manner. All states have their own laws and  procedures to handle these specialized personal injury cases. But in  general terms, a doctor will be held liable if his or her conduct fails  to meet the "standard of care" provided by other doctors under similar  circumstances.

Errors that qualify as medical malpractice will typically fall into one  of several categories. These include a failure or delay in diagnosing a  patient's condition, misreading X-rays, prescribing the wrong  pharmaceuticals, failing to warn a patient of the risks or side effects  of a procedure, performing services without the patient's informed  consent, and making a mistake during surgery or childbirth. 

When doctors act carelessly, the results can be catastrophic for the patient. Damage awards in medical malpractice cases are among the largest of all personal injury cases.  Damages may include medical expenses, physical pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive  damages, as well as compensation for partial or complete impairment,  disfigurement, and death.  
 

The first step in pursuing a medical malpractice case is to retain an  attorney. Unlike some other areas of the law, self-representation in these cases is not feasible.

The attorney will begin by conducting an in-depth evaluation of the  factual circumstances surrounding the incident. Hospital records and other evidence will be gathered, and depositions  will be taken of the defendant and any witnesses. A medical expert, who will later be available to testify at trial, will then review the  evidence and draft a report for the plaintiff.

The expert's report will be turned over to the defendant's attorneys and  insurance adjuster, and settlement negotiations will take place. If the  two sides can agree on the amount of damages that should be paid, they  will enter into a settlement agreement. The plaintiff will be  compensated, and the case will end. If the parties cannot agree, the  case will proceed to trial. A judge or jury will then decide the  outcome.

During the entire process, the plaintiff's attorney must comply with a  variety of procedural requirements. A single misstep can result in the  case being dismissed. These requirements include a statute of  limitations, which is a strict deadline for filing the paperwork to  initiate the lawsuit. Depending on state law, the case may have to be  presented to a medical review board prior to filing suit, and special  notices to the defendant may be required.

Speak With an Experienced Medical Malpractice Attorney

Patients trust doctors to perform their duties with care. However, when  preventable accidents occur during the course of medical treatment,  injured patients and their families often encounter insurance companies  that want to deny compensation, or pay far less than they should. If  medical malpractice is suspected, the best way to protect a patient's  rights is to contact a qualified attorney. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court.