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Medical Malpractice FAQs
Medical Malpractice FAQs
Can Malpractice Be Filed Against Someone Other Than A Doctor
Yes. A medical malpractice case can be brought against any person or entity who provided healthcare to you or your loved one. These parties include doctors, nurses, technicians, therapists, optometrists, practitioners and other professionals in the medical field.
Do Medical Malpractice Cases Often Go To Trial
Yes, often medical malpractice cases go to trial; they are settled out of court far less frequently than other cases. Doctors’ insurance companies often require that trial occur rather than any settlement or admission of liability. Doctors are required to report instances of medical malpractice for future insurance and patient awareness purposes. These cases usually require more time to litigate and are often more costly to do so. They are often a fight-to-the-finish type of litigation.
How Do I Know If My Case Qualifies As A Medical Malpractice Lawsuit
Receiving bad or poor medical advice — or a bad or poor medical result — does not necessarily mean you have been the victim of medical malpractice. Things happen and can go wrong, even when you receive the best quality and standard of medical care.
To prevail in a medical malpractice case, you must retain an expert witness to testify that no reasonable healthcare provider would have performed in the manner in which your treating medical provider did. The reasonableness of a professional’s conduct is usually ascertained by examining what is considered reasonable care, given the available knowledge, location of the care given, and state of medical practices and procedures at the time of the harm, injury or illness at issue. A successful medical malpractice plaintiff must also prove through an expert witness that the healthcare professional’s negligence was the (or at least a) cause of the injury or death. Just because a doctor is negligent, she may not be liable for medical malpractice if the injury or death in question was brought about by another causal factor.
How Can I Afford An Attorney To Prosecute My Medical Malpractice Case
Most lawyers will take medical malpractice cases on a contingency fee billing arrangement. The client does not have to pay legal fees unless the case is settled in a favorable manner for the client. Clients also usually do not have to pay the costs for litigating the case, such as copy costs, travel costs or expert witness fees, whether they win or lose the case, as most law firms will agree to advance those expenses for the clients.
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