winter injuries - file a personal injury lawsuit?

A Guide To Medical Malpractice Law

27 March 2015 by Franklin Vasquez

Since your medical care is one of the most vulnerable, personal things that you receive on a regular basis, you need to have a certain measure of trust with your doctor. When your doctor makes a mistake that hurts you, neglects the proper care that you need, or makes your condition worse, you need to be sure that you explore the proper avenues to rectify the situation. For most people, this will mean a medical malpractice lawsuit. If you find yourself in need of a medical malpractice lawsuit, you will need to be sure that you learn the proper protocol and information that will allow you to get the healing and payment that you need and deserve. 

What legal information should I know about medical malpractice?

You have a medical malpractice lawsuit on your hands when your medical professional, such as a physician, surgeon, nurse or specialist, commits an act of omission or medical negligence, which causes harm to you, the patient. When looking through this case, you and your attorney must prove that they didn't operate up to the standard of care that other professionals in the area adhere to, and must also prove that it created actual harm, rather than a simple mistake. 

What are some of the most common medical malpractice lawsuits?

When you are setting out to file a medical malpractice lawsuit, you should understand some of the common types of suits that people in your position file:

• A faulty diagnosis, or a diagnosis that occurs too late in the process.
• Mistakes made when issuing or prescribing medicine.
• An improper procedure carried out during a surgical operation.
• Failure to properly provide prenatal care or post birth care to mother or infant.

What should I look for when hiring a medical malpractice attorney?

The most important part of this process is to make sure that you hire the lawyer who is flexible in finding the best outcome, whether the situation ends in court, or in out of court negotiations. There is a good chance it will end out of court, as 95 to 96 percent of personal injury claims are settled through negotiation. 

When hiring an attorney, consider some of the following:

• Ask specifically how many of the personal injury cases they handle are medical malpractice lawsuits.
• Get an idea of how many of their cases have been successfully tried.
• Look up their staff in your state bar association's database.
• Get a copy of their fees up front.

Consider all of this information, so that you can win your medical malpractice case.  To learn more, visit Goldman & LeBrun. 

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