Home / Legal

In Need Of A Medical Malpractice Lawyer


By:Keith George


When an injury occurs to a patient due to improper conduct by a health care provider, it is termed medical malpractice. Medical malpractice lawyers are specialized in this field.

Thousands of deaths and injuries occur every year due to medical malpractice. Medical malpractice is not restricted only to the doctor but by legal definition encompasses nurses, dentists, therapists, radiologists, laboratory technicians, clinics, hospitals etc. There are stringent for curbing medical malpractice.

Numerous lawsuits are filed every year for medical malpractice in the US. The patients or their near ones have the right to claim for economic and non economic damages. Generally claims are made for improper medication, improper surgery, misdiagnosis, negligence etc. The patient can file a claim lawsuit even when the informed consent of the patient is taken. The principle behind these types of claims is that the doctor is not absolved of responsibility even if the consent of the patient is taken.

Medical malpractice cases are complicated for various reasons. The primary reason is that when the patient comes under the care of the health care provider he/she is already ill or injured. Hence it becomes complicated to assess the damage caused by negligent medical care independent of the earlier illness or injury.

Another complication in medical malpractice is that the burden of proof is on the plaintiff (patient or the medical malpractice lawyers). The plaintiff needs to prove three things in court:

That the health care provider has failed to provide the patient with adequate and reasonable care.

That this failure to provide reasonable care is the cause of the damage caused to the patient.

Hence it is the liability of the health care provider to pay for the damages.

A further complication that arises is that the plaintiff has to produce expert witness. There are very few doctors willing to testify against a fellow doctor, even in cases of gross negligence. Hence it is vital to hire a good and experienced lawyer, a medical malpractice lawyer. Most law firms take medical malpractice cases on contingent basis and provide expert witness also.

Contingent basis means the law firm gets paid from the damages recovered from the defendant. Most of the medical firms are covered by insurance. Generally the insurance companies shy away from paying damages to the patient but if the patient is represented by an experienced lawyer they are willing for an out of court settlement. This is to avert the risk of a trial and the court may award more penalties.

The courts generally levy two types of penalties on the defendant that are compensatory and punitive penalties. Compensatory penalties are given to make good the damages to the patient. They are of two types of compensatory penalties, economic and non-economic damages.

Economic damages are awarded to compensate for monetary losses like medical care cost, medicines cost, loss of income. The economic damages are awarded for both future and past losses.

Non-economic damages are awarded to compensate for non economic damages like pain, disfigurement, embarrassment, emotional stress etc. Punitive penalties are awarded to punish the health care provider however they are rarely awarded.

Article Source: http://www.redsofts.com/articles/

Keith George always writes about valuable news & reviews.
A related resource is Medical Malpractice Lawyers
Further information can be found at Tips & News

More Articles from Legal Category:
Get to Know About Bankruptcy Furniture
How To Choose An Attorney
Approaching a Slip Fall Injury Lawyer in Westchester
Are You Properly Executing Due Diligence In Your Business Activities?
Protect Your Rights, Wishes, And Family With A Durable Power of Attorney
When Is It Appropriate To Have A Power Of Attorney?
Get Tax Benefits, Protect Your Assets With An Irrevocable Trust
Denver Malpractice Lawyers Available for Medical and Legal Malpractices
In Need Of A Medical Malpractice Lawyer
When Do You Need Mesothelioma Attorney
The Need for a Slip Fall Injury Lawyer in Bronx
Why Contact A Clinical Negligence Solicitor?
How to Find a NH Bankruptcy Lawyer
Who Can Claim Clinical Fee Negligence?
What Is The Importance Of A Partnership Agreement?

 


 
2006-2008 RedSofts.com - Privacy Policy