Medical Malpractice Lawsuits
GETTING RESULTS FOR YOUR MALPRACTICE SUIT
Medical malpractice occurs when two things happen: first, a licensed provider of health care must provide care that fails to meets the standard expectation of a reasonable health care under the same or similar circumstances.
Second, that unreasonable or substandard care must be the cause of injury. Substandard care alone does not justify a claim of malpractice. The substandard care must be the cause of injury. By the same token, injury alone does not justify a claim of malpractice. The injury must be caused by substandard care.
Patients receiving excellent care sometimes suffer horribly because of their underlying illness that cannot be cured even by reasonable care. In some instances patients suffer serious injuries because of the unavoidable risk of a necessary surgery or other reasonable treatment.
On the other hand, sometimes the care provided may be unreasonable, and yet the patient suffers no actual injury. In those cases a claim of medical practice is not justified.
When to Get a Medical Malpractice Attorney
MAKING A GOOD CASE FOR YOUR MALPRACTICE CLAIM
When does medical malpractice happen?
Medical malpractice can happen at any stage of care. It can involve:
- failure to make a proper diagnosis
- failure to treat
- providing the wrong treatment
- failure to inform the patient and obtain informed consent
- failure to refer for needed treatment
- many other situations
Malpractice can happen at your first encounter with a healthcare provider or after years of treatment. When substandard care causes damages, a claim for medical malpractice arises. Whether the malpractice claim is a “good” claim depends on many considerations.
How do I know if I have a case?
Before most attorneys will pursue a medical malpractice claim, they must be satisfied that the injury caused by the malpractice was very serious, and that the damages to the client are extreme.
Unfortunately, medical malpractice claims are very costly to pursue, and defended vigorously. Every claim must be proved through the use of expert testimony. Hiring qualified experts in their field to testify in favor of the patient is expensive and time consuming. The cost of pursuing a medical malpractice claim simply cannot be justified unless the client has suffered a significant injury that has caused significant damages.
Why do you need an attorney when you suspect medical malpractice?
If you suspect that you or a loved one has been the victim of medical malpractice that has caused a serious injury, you need an attorney who handles medical malpractice cases to review the case. You need a thorough, unbiased analysis of the facts of your case as soon as possible. We have extensive experience in handling serious medical malpractice cases. From the outset we obtain all necessary medical records and in consultation with highly skilled medical experts we develop and implement a plan to prove the claim and obtain the highest possible settlement or award for each client.
How soon do you need to contact an attorney?
As soon as you suspect serious injury as the result of malpractice you should consult an attorney. Our consultation is free of charge, and if we take your case it’s on a contingency-fee basis. This means we are only paid if we’re successful in obtaining a settlement or an award for you.
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