When Will You Need a Medical Malpractice Lawyer

Medical malpractice occurs when a health care provider who by an action or omission deviates from the accepted norms of practice in medicine leading to injury/ death to a patient.

Many deaths occur due to medical malpractice. A health care provider is not just the doctor or the surgeon but includes nurses, dentists, therapists, hospitals, clinics etc. Medical malpractice law is derived from the general negligence law. Various laws have evolved in the US, England, Australia and other countries, which are similar in concept for control of medical malpractice.

Claims are made for negligence, misdiagnosis, improper medication etc. Claims can even be made where informed consent of the patient is taken. Claims can also be made against corporations, hospitals, clinics for the mistake of their employees based on vicarious liability. The patient has the right to claim economic and non-economic damages.

However in medical malpractice cases, the burden of proof lies with the plaintiff (patient). Hence the patient should hire a good lawyer. Three things have to be proved by the plaintiff:

• The health care provider failed to provide adequate and reasonable care to the patient.

• This failure to provide adequate care to the patient has resulted in damage or loss to the patient.

• The health care provider is liable to pay the damages or loss.

The damages are of two types, compensatory and punitive. Compensatory damages are of two types economic and non-economic damages. Economic damages are monetary losses like, medical care, medicines and loss of wages. These damages can be in the past or future. Non-economic damages are the ones like loss of organ or vision, pain, disfigurement, embarrassment emotional stress etc.

Punitive damages are very rarely awarded. Medical malpractice cases are complicated because when the patient is admitted he is already injured or ill and hence the damage caused by negligent medical care has to be assessed independently of the earlier illness or injury.

A further obstacle in medical malpractice case is that expert witness is to be provided by the plaintiff. Very few doctors are willing to testify against another doctor even when the case of negligent care is clear. On the other hand the defendant lawyers have a pool of doctors to defend the case of negligent medical care. Usually medical malpractice attorney firms provide expert testimony on the care provided by the health care provider. Some medical malpractice lawyer firms provide free case evaluation and take medical malpractice cases on contingent basis that is until the firm wins the case for the client, the client need not pay for the services of the lawyers. In medical malpractice cases it is vital to obtain the medical records as early as possible by the patient or his representative.

Most healthcare providers take medical malpractice insurance. There has been an ongoing debate by doctors and their medical malpractice insurance companies against excessive jury awards. Generally insurance companies rarely go to trial where large penalties are involved. However it must be remembered that the insurance companies and health care providers are willing to fight it out against spurious medical malpractice claims. The procedure for filing a medical malpractice claim varies from state to state.

Sphere: Related Content

Understanding Birth Injury and Your Medical Malpractice Rights

What is Birth Injury?

Birth injury is caused to the baby in the womb of the mother or during the delivery or later after the delivery. These injuries can be minor or fatal. If the baby sustains brain injury then it will prove to be fatal as the whole life of the baby will be affected. Due to the injury a bay may develop cerebral palsy or become mentally retarded. This type of major birth injury not only affects the child but also affects the family members as they have to bear the burden of the child throughout their life. Sometimes the injury may be caused due to the negligence of the hospital staff. In this kind of situation there is a provision in law where the parents can sue the hospital for compensation.

Causes of Birth Injury

There are various causes of birth injuries. If the baby is overweight during birth then problem may arise during delivery due to which the baby may suffer from shortage of oxygen which may affect his brain tissues. If a baby is born premature he may sustain birth injury as the body of a baby who is born within thirty seven weeks is very fragile the baby may be injured during birth. The pelvis shape and size of the mother is defective due to which normal delivery is not possible and the baby sustains injury. The mother suffers from prolong labor pain which may cut off the supply of oxygen to the undelivered baby and cause damage to his delicate brain tissues. Abnormal position of the child during birth that is the leg comes out first and then the head which is also known as breach position.

Additional Types of Birth Injury

Caput is the injury caused when there is difficulty in delivery. This injury mostly occurs in babies who are delivered with the help of the vacuum extraction. The soft tissues of the babies scalp is bruised which heals within few days. A baby may show signs of bruising due to the use of forceps during the delivery. Hemorrhage in the small blood vessels of the eyes, this is very common and does not cause any damage. Temporary or permanent facial paralysis may occur due to the breakage of the facial nerve. Fracture of the collar bone during delivery is a very common occurrence. Healing occurs quickly. The group of nerves that supply blood to the arms and the hands may be injured if there is difficulty in delivering the baby's shoulders. Some the injuries are minor and the baby recovers within a short period but some of the injuries are fatal which may have a permanent impact for life.

Your Rights

Should you or your family be subjected one of these tragic injuries, you are protected under the law. A birth injury lawyer specialist in the state the injury took place in will have expert knowledge of local laws and statutes and be able to find justice for you in court, including compensation for pain and suffering and the helping to ensure that no one else must endure the same negligent treatment. Sphere: Related Content

Seeking A Professional Medical Malpractice Lawyer to File Lawsuit

If you or someone close to you was suffering from a doctor, nurse or anyone in the medical field, you must immediately call a lawyer. There is a good chance that you intend to submit a claim for medical negligence. Lawyer injury is what you need.

Personal injury lawyers may begin your case when you are in hospital. They want to get your business started as soon as possible. There is no reason for you to suffer more than they already have.

An expert lawyer will know if your case is strong from the first meeting with a client. Otherwise, the client must be said immediately. In some states is common for lawyers to meet with a doctor qualified to decide if there is any action.

Medical Malpractice real date of birth of negligent conduct that leads to injury. Often there may be "negligence", but no residual damage. These cases are weak.

Jury usually support cases show that in the life of damage. Questions opinions are not taken into account. If no permanent damage concerned, there is usually no case.

In most cases of medical negligence for the plaintiff handled on a contingent fee basis. The fees paid after the case is resolved. Charges, as in any of 33 1 / 3 to 50%.

Medical Malpractice lawyers are generally inform you that no proposal would be until the court had been filed and all necessary tests were taken. Most doctors of negligence, costumes will be held in a judicial proceeding before the opening process is the real process.

Most personal injury lawyers offer a scale of fees. In this case, the amount required of a lawyer depends on how the case advances. For example, if your case goes to trial, the lawyer receives 40%, and if it goes to appeal, when is 50%.

Some states have statutes limiting fees in the process of medical negligence. Such charges are a problem between you and your lawyer. All costs must be agreed to a contract before the case began.

Some states allow a lawyer to advance funds to your customer. This is an act of goodwill on behalf of the council are not understand how his client suffers. In addition, the lawyer would be willing to pay the normal costs of investigation and experimentation. Sphere: Related Content