Medical Malpractice, also known as medical negligence, is the failure of a medical practitioner to meet the standard of good medical practice in the field in which the professional practices. It simply occurs when a medical professional proceeds in a medical conduct when treating a patient. It can simply take place from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples may include: failure to diagnose or misdiagnosis of a medical condition.
The laws and rules governing malpractice suits in each state can vary significantly. A medical practitioner may also be legally liable if a patient does not give “informed consent” to a medical procedure that result in harm to the patient, even if the procedure is followed properly. If the patient is not harmed by the physician’s error, the patient cannot recover damages as the result of the error. Medical malpractice actions have been significantly affected by “tort reform”. These cases are very expensive to pursue and to litigate, and your recovery of damages may be limited by statute.
It is of utmost importance to seek advice from medical experts, who can be very costly to hire. Medical Malpractice being a highly technical field of law, it is usually best to go to an attorney who specializes in medical malpractice cases. Due to the high costs of litigating malpractice cases, some injured people will observe that the cost of litigation will exceed the amount of any damages award, and they are forced to choose between abandoning their claim pursuing it at a financial loss.
When you are consulting malpractice attorneys, it is helpful if you can provide them with copies of important documents and data that you have, in relation to your case. While hiring a lawyer you must look up to some important aspects of his career. You must take into account his professional experience, his knowledge regarding the subject related matters and how many cases has he taken into trial.
Most of the medical malpractice lawyers take their cases on “contingency basis”, where the attorney fee is the percentage of the amount recovered from the defendant through the settlement. When you initiate medical malpractice litigation, you should keep in mind that it can be a very long and difficult process.
If you or a loved one has been a victim of medical malpractice, you should act promptly to preserve your rights.