Thursday, June 4, 2009

Malpractice Cases - Not Uncommon But Take Action If You Are a Victim

Malpractice cases involve more than just filing a law suit. There is the burden of proof by the patient and if you find yourself or a family member debating about whether to file you should visit with a malpractice attorney and have them review your description of what happened. Malpractice is generally medical and it can be professional negligence by a health care provider that caused injury or death. There are malpractice cases that involve dentistry and nursing as well.

Lawsuits are filed by the patient or plaintiff if the patient has passed away due to medical negligence. Medical facilities, clinics, and medical corporations can be sued by a plaintiff too. The burden of proof lies with the plaintiff and they must prove 51% of their case to win. Most malpractices cases are about monetary claims, medical professional carry professional liability insurance to help offset the cost of lawsuits filed.

There are four elements that the plaintiff must establish if they want to prove their required legal percentage of proof. First, they must prove that a hospital or health care provider treated them. If a provider undertakes their care, that provider becomes responsible for their well being. Second, the standard of care must be breached. There is an understanding of what should have happened, and if it didn't then the standard of care becomes testimony against the defendant.

Third, the breach caused an injury. The recognizable injury becomes legal at this point if it should not have happened. The culpability is directly related to the action or cause in this element. Fourth, damages were assessed, they can be emotional and/or financial, and punitive damages are awarded from reckless conduct. Once those fundamentals are established the plaintiff rests their case. Usually both sides will present expert testimony and if either side loses, the verdict can be appealed.

Often you will hear about a news story of medical malpractice but it's generally spun in a mysterious story that is made for television. Malpractice cases rarely make the news but they do happen. There is a statute of limitations on filing a malpractice lawsuit; in the United States it's between one and four years. Most of the cases, 73% involve a medical error of some kind. Health care providers have complained about the rising cost of medical malpractice cases and claim that it's the reason for rising insurance costs.

Many people who are the victim of a medical error do not always know where to turn since the emotion runs very high during their recovery. You might see a late night commercial urging you to file a lawsuit with a national firm, but make sure you have all the information that you need before you speak with an attorney. You will need your medical records and any testimony from friends or family. Filing a frivolous lawsuit will not garner you any money but if you feel you have been treated negligently then you may have a legitimate case.

Malpractice cases involve a lot of testimony and depositions; do not be intimated by large medical providers and those who say it's your word against theirs. If you feel you have a case then contact a medical malpractice attorney and begin the process. Generally an attorney who specializes in this type of law will not receive any money until the case is settled and the monetary verdict is paid.

For more insights and additional information about how to find Malpractice Cases as well as finding a wealth of resources to help you determine if you have a valid malpractice case and pursuing it, please visit our web site at

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