Medical malpractice lawsuits are much more common than most people realize, as mistakes are made daily in the medical industry. The dynamic of surgery teams and multiple medical professionals can create many opportunities for inaccurate communication between medical specialists in addition to the actual medical accidents. Bad communication between hospital staffs often lead to surgery on the wrong body part, or even operating on the wrong patient. This is all too common in expansive medical facilities with minimal redundancy is surgical prep. However, knowing when to sue for medical malpractice is not always a clear decision and requires comprehensive consideration before filing.
Understanding the Legal Process
Medical malpractice suits are classified as civil law, which means it is incumbent on the plaintiff’s counsel to prove the legal damage claim. Malpractice is essentially a personal injury claim against a medical professional or facility, so the general rules of personal injury law apply. Injury claims are based on the negligence level of the respondent, which must be established by the court. Cases can be dismissed as frivolous if the court rejects the claim that the respondent is legally responsible. In order for a claim to be valid, an actual injury must have been suffered by the plaintiff. In addition, the respondent must have caused the injury in a reasonable duty of care relationship. The duty of care breach must be proven by a preponderance of the evidence within a totality of circumstances by the complaining party.
Retaining an Attorney
Many malpractice claims result in trial, so be prepared for the long haul by choosing a lawyer with a solid track record of prosecuting medical malpractice claims. A civil suit is essentially a civil prosecution, but the penalties are always monetary damage awards. The awards can be either compensatory or punitive, which is based on the egregious nature of the reasonable duty of care breach. Punitive damages can only be awarded by a jury, so having a determined legal counsel is absolutely critical to winning a malpractice claim. Malpractice cases are regularly defended vigorously by both the medical professional and their malpractice insurance company. In fact, contrary to popular belief, it is often the respondents who request the jury trial. Be prepared to see multiple legal teams representing the defense. Because liability and tort laws differ from state to state, be sure to hire a local attorney. If you are in Alabama, you can ask Bennett Law Firm about state tort laws to get a better idea of whether or not you have a case.
Medical malpractice cases are won based on empirical evidence that indicates the validity of the injury, and assembling all pertinent official documentation regarding diagnosis and treatment can help your attorney when initially investigating and evaluating the potential claim strength. Good malpractice attorneys understand how to use effective and provable documentation as negotiation leverage in achieving a maximum settlement, which is how most cases are actually adjudicated.
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