To many, all lawsuits, let alone medical malpractice ones, are a bit of an enigma. Unless you have been through one, most people do not know much about how medical malpractice cases work. There are some things every person ought to know about these types of lawsuits.
6. Physicians or hospitals are not the only healthcare providers who can be sued in medical malpractice case. Anyone who provides healthcare services can provide negligent medical care, thereby causing an injury to a patient. Examples of other healthcare providers against whom a malpractice claim may be brought include lab personnel, physical therapists, psychotherapists, nurses, or those on staff at a medical facility. Every person and facility, which provides healthcare services, owes a duty to act as a reasonable and prudent medical professional would when in the same situation. Failing to act in this manner means the standard of care has been breached, resulting in malpractice.
7. Every single state has a statute specifying a particular timeframe within which medical malpractice lawsuits must be brought. This is known as the statute of limitations. Failing to file a lawsuit within this mandatory timeframe will result in the inability to legally pursue your malpractice case. Thus, if you have even a mere suspicion that the problem or injury is due to the negligent medical care provided to you, seek counsel with a medical malpractice attorney immediately to preserve your claims. If your attorney fails to file your lawsuit prior to the expiration of the applicable statute of limitations, then you will have a claim against him for legal malpractice.
8. medical malpractice cases are not cheap. Part of properly prosecuting, or defending, a medical malpractice case is retaining expert witnesses. Medical experts are needed to help prove or defend against the treatment aspect of your case. In other words, they will testify as to the standard of care and whether or not that standard of care was breached in this particular case. In addition, economic experts are often retained to address the economic damage portion of your claim, including the cost of future medical care that may be needed, lost wages, future lost wages, etc. Experts in malpractice cases can cost a pretty penny, charging a high fee for their services as well as any travel costs incurred on the case.
9. medical malpractice lawsuits can move quite slowly through the justice system. Since these types of cases are much more complex than traditional personal injuries cases, they may take a longer time to work through the process.
10. Simply because a healthcare provider was negligent in his medical treatment does not mean that a patient will have a successful medical malpractice case. In order to have a legally recognizable malpractice claim, the negligent treatment must result in injury to the patient. At that, most malpractice attorneys will not take on a patient's case unless the injury suffered was major, which would result in a high recovery. Malpractice lawyers typically take on plaintiff's cases on a contingency, meaning they do not charge attorney's fees or costs to the client. Rather, the attorney will advance all costs and then take a percentage from the recovery to constitute his fees in the case plus any costs incurred in litigating the case. Smaller injury cases are often not worth the expense to an attorney, as the monetary recovery may not even cover all of the costs in the case.
There are many different types of medical malpractice cases that take place every day, resulting in all types of injuries. These are certainly not one-size-fits-all types of claims. Consulting with an attorney who specializes in medical malpractice lawsuits is the best way to determine if you have a case and to ensure you are compensated fully for your injuries.
If you require more information, assistance, and guidance on medical malpractice, malpractice lawyers, Medical Malpractice cases, medical malpractice lawsuits, medical malpractice claims, medical malpractice insurance, please do visit our site or contact us – http://www.malpracticelawyer.org/
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By Sunil Punjabi