In the United States, medical malpractice is the third leading cause of death following heart disease and cancer. Although a scary statistic, it is the veracity. In 2012 alone, over $3 billion was paid out in settlements and lawsuits, which is the equivalent of one payout every 43 minutes. Medical malpractice occurs when a health care or medical professional flouts from standard protocol in their profession, leading to injury or death to a patient. Their negligence is generally the result of errors in diagnosis, treatment or health management.
In order to be legally considered a medical malpractice, a claim must possess a violation of the standards of care, an injury caused by negligence, and an injury resulting in substantial damage. In order for claim to be considered valid, the patient must validate that his or her injuries occurred as a result of a medical practice’s negligence. In addition, an unfavorable or unsatisfactory outcome is not considered a medical malpractice. Some of the most common cases of medical malpractice include failure to diagnose or misdiagnosis, misreading or disregarding laboratory results, unnecessary surgical procedures, surgical errors, improper medications or dosage, substandard aftercare, premature discharge, ignoring patient medical history, failure to order proper testing and failure to recognize symptoms. These cases and lawsuits are extremely expensive to litigate, and often require extensive hours of affidavit testimonies, as well as testimonies of medical experts.
As a result of the complexity of medical malpractice cases, the patient must acquire an inclined, expert lawyer with the patient’s best regards foremost. A lawyer or attorney’s expertise and experience will permit them to fabricate your best case by piloting through the procedural “hoops” placed by states in an effort to discourage the filing of flippant cases. Allocating a knowledgeable lawyer can be a strenuous task since the majority of attorneys turn down more cases than they accept. Furthermore, the majority of medical malpractice lawyers also specialize in either representing the injured victim, or defending the healthcare provider against medical malpractice lawsuits. Consequently, you should acquire a “plaintiff’s lawyer”, who specializes in defending the injured victims.
An appropriate commencement is to seek personal recommendations. There is a high chance that someone you know recognizes a lawyer of some kind, a medical malpractice lawyer specifically, or a legal malpractice attorney Los Angeles for an example. However, you must make sure to scrutinize the online reviews and testimonials of each lawyer in order to hire the superlative attorney, ultimately giving you the best chance for a successful verdict in your favor.
You should also hire an attorney with the highest rate of successful medical malpractice cases. One bonus tip to utilize is to ascertain the amount of that law firm or attorney’s cases go to trails, rather than get settled. If a firm has a history of settling, there is a high chance that the insurance companies know this, and they can negotiate correspondingly. Furthermore, you should seek and hire an attorney on a contingency fee basis, meaning there is no payment to the lawyer unless the case is successful in your favor. Comprehension of your case, acquisition of an attorney and determining fee payments are of paramount significance when facing legal issues.