It is hard to escape the onslaught of information on the prevention and treatment of heart disease and cancer, the two most common causes of serious illness and death. It may surprise some to learn that the third leading cause is medical error, an over-arching category that includes mistakes made in treatment due to omission or improper administration. A medical malpractice lawyer represents patients seeking compensation and closure.
All doctors make errors at some point. Uncovering one does not automatically create the grounds for taking legal action. Each set of circumstances is unique, and to justify a lawsuit it must be clearly demonstrated that a physician not only made a serious mistake, but that it caused both physical and financial harm. Proving that without an attorney may be very difficult.
The benchmark determining validity is called the standard of care, which includes the procedures and practices used to treat similar patients with comparable problems. These include the age of the person being treated, the type of problem being experienced, and even the geographical location where it occurred. The first hurdle is proving that these factors show a breach of protocol.
Even if the circumstances seem beyond question, a malpractice suit may be lengthy and complicated. Nearly all procedures have a recognized failure rate, and a negative outcome does not always constitute proof of incompetency, but is often a combination of complications and other related factors. It is incumbent on the patient to demonstrate that a doctor or institution was actually negligent.
When a procedure or treatment has a bad outcome, patients and their families are not only dealing with legal complications, but are also faced with difficult personal issues surrounding the illness and failed treatment. People in that situation may not realize that there are significant time limits for submitting a malpractice claim, which is reviewed by a panel of both lawyers and physicians.
Prior to actually filing a claim, all pertinent records must be submitted, and there are specific limits surrounding the amount of time that will be allowed to closely examine the circumstances and evidence presented. In some instances cases may be settled by mediation or arbitration if the situation warrants. Most reviews decide in favor of medical personnel, which causes the suit to proceed.
In the majority of cases that go to trial, both sides must bolster their arguments using the testimony of expert witnesses, who are allegedly most knowledgeable about their field of testimony. The opinions from both sides are often divergent, and the ultimate decision is left for the jury, who make decisions regarding culpability and the amount of compensation to be awarded for suffering and financial loss.
These and other issues make this field of law too involved to negotiate unless an attorney is involved. People living in Hammond, LA who face similar circumstances obtain the best results when they choose a firm or individual with proven experience and a record of winning cases. Although it is not always possible to prevail in every situation, a competent lawyer can greatly increase the chances.
All doctors make errors at some point. Uncovering one does not automatically create the grounds for taking legal action. Each set of circumstances is unique, and to justify a lawsuit it must be clearly demonstrated that a physician not only made a serious mistake, but that it caused both physical and financial harm. Proving that without an attorney may be very difficult.
The benchmark determining validity is called the standard of care, which includes the procedures and practices used to treat similar patients with comparable problems. These include the age of the person being treated, the type of problem being experienced, and even the geographical location where it occurred. The first hurdle is proving that these factors show a breach of protocol.
Even if the circumstances seem beyond question, a malpractice suit may be lengthy and complicated. Nearly all procedures have a recognized failure rate, and a negative outcome does not always constitute proof of incompetency, but is often a combination of complications and other related factors. It is incumbent on the patient to demonstrate that a doctor or institution was actually negligent.
When a procedure or treatment has a bad outcome, patients and their families are not only dealing with legal complications, but are also faced with difficult personal issues surrounding the illness and failed treatment. People in that situation may not realize that there are significant time limits for submitting a malpractice claim, which is reviewed by a panel of both lawyers and physicians.
Prior to actually filing a claim, all pertinent records must be submitted, and there are specific limits surrounding the amount of time that will be allowed to closely examine the circumstances and evidence presented. In some instances cases may be settled by mediation or arbitration if the situation warrants. Most reviews decide in favor of medical personnel, which causes the suit to proceed.
In the majority of cases that go to trial, both sides must bolster their arguments using the testimony of expert witnesses, who are allegedly most knowledgeable about their field of testimony. The opinions from both sides are often divergent, and the ultimate decision is left for the jury, who make decisions regarding culpability and the amount of compensation to be awarded for suffering and financial loss.
These and other issues make this field of law too involved to negotiate unless an attorney is involved. People living in Hammond, LA who face similar circumstances obtain the best results when they choose a firm or individual with proven experience and a record of winning cases. Although it is not always possible to prevail in every situation, a competent lawyer can greatly increase the chances.
About the Author:
Know your rights and hire a knowledgeable medical malpractice lawyer today to give you advice and guidance. For immediate legal representation, visit the following law firm at http://www.abjustice.com.
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