medical malpractice law firms

Medical Lawyers

Medical lawyers deal with a rising number of medical malpractice lawsuits every year in the U.S.  The term medical malpractice encompasses a broad range of errors that occur in medical care settings.  Negligent treatment is considered to have occurred when a patient is injured or dies from a medical professional’s failure to exercise adequate care or diligence in treating the patient.

Medical malpractice can occur in various ways: negligence in performing a procedure, such as incorrectly administering anesthesia or surgical errors.  Misdiagnosis of, or failure to diagnose a condition, nursing home abuse or neglect, failing to inform a patient of the risks that are associated with certain procedures or drugs or prescribing the wrong drug are the leading causes of medical negligence.  Such negligence on the part of a medical practitioner or a medical facility may result in the patient being injured, their condition worsening, or the patient’s death.

Approximately 225,000 people per year die as a result of medical negligence, according to the Journal of the American Medical Association, making medical malpractice the third leading cause of death in the U.S.

A lawyer trained in medical negligence cases can help a patient, or their family, determine whether the case of the patient’s injury or death can reasonably be pursued to benefit them.  In medical malpractice, the plaintiff (the patient or their lawyer) must prove three things in court:
1. That the medical practitioner or facility failed to provide adequate care.
2. That this failure of adequate care was the cause of the injury or death to the  patient.
3. That the medical practitioner is liable to pay for the damages.

With the burden of proof resting on the patient and their medical lawyer, testimony of an expert witness will be required.  It is essential that one understands the complexity of this aspect of the law and the necessity of hiring a lawyer versed in medical negligence.  Such an attorney, or their law firm, will often take malpractice cases on a contingent basis, and have access to medical experts as well.  This means that they will be paid from any damages resulting from a winning judgment in the case.

It is common for medical firms to be covered by insurance, and therefore likely that there will be negotiations with the insurance firm.  Since most insurance companies will not deal with the individual who is claiming medical malpractice, this will be one of the important areas to have a lawyer represent you.  In a situation like this, it may be possible to settle the lawsuit with the insurance company out of court.

In the case of a successful trial outcome in a medical malpractice lawsuit, damages are awarded to compensate for medical care and related expenses, as well as loss of income.  This can be loss of present or future income.  Also, compensation can be awarded for non-economic damages such as emotional distress, pain or disfigurement.

If you or a family member has been injured, or died, as a result of medical malpractice, you should contact a medical malpractice lawyer for his opinion on whether to proceed with a lawsuit.