If you are a victim of medical malpractice, you likely have many questions that require legal answers and advice. It's important to understand that it is the lawful and ethical duty of health care providers to disclose any errors that occur during care. However, many studies have proven that doctors, nurses, and other healthcare professionals rarely disclose when medical mistakes have occurred. For this reason, many victims of medical practice have no idea why they have suffered with an unexpected medical outcome. It is important to retain a medical malpractice lawyer if you or someone you love is a victim of medical malpractice.
To truly understand whether you have been the victim of medical malpractice requires you to have a great understanding of what it is. Most often, medical malpractice is defined as personal negligence by a health care provider. The definition extends to cover an act or omission by a health care provider that results in treatment below the accepted standard of practice that causes injury to or the death of a patient. It’s important to get as much valuable information as you can by reading medical malpractice lawyer reviews.
For a medical malpractice case to be accepted for litigation, a plaintiff must satisfy five elements. These elements include:
In these cases, the burden of proof is the plaintiff's responsibility through the preponderance of evidence. If a plaintiff's attorney fails to prove any of the elements listed above, a malpractice case will likely be dismissed by the courts.
Before a medical malpractice trial begins, the plaintiff's attorney and the defendant's attorney will share information through discovery. Information shared could include requests for records, depositions, interrogatories, and much more. During the pre-trial phase, attorneys for both sides can negotiate and settle the claim. If parties do not agree, the case will continue to trial. This is one of the many reasons why you should retain a medical malpractice lawyer.
If a case continues to trial, both parties will likely present expert testimony. Expert witnesses often testify to the basic standards of care and answer technical issue questions. After all elements of the case have been argued, all evidence will be used to determine who wins the verdict. If a plaintiff is successful, damages will be assessed.
In , medical malpractice claims are subject to statues of limitations. What this means is that victims only have a certain amount of time, defined by law, to file a medical malpractice claim. With this in mind, it is imperative that a victim contacts our top malpractice suit lawyer to have their malpractice claim filed as soon as the injury has occurred.
If you think you or someone you love has been the victim of medical malpractice, you should contact Yampaglia Law today. When you contact our office, we will assess your situation, provide a truthful, honest evaluation of your case, and advise you on how to proceed. Our skilled team will be with you during the entire process, which will help you navigate the legalities of your claim with ease. There are many ways to find medical malpractice lawyer, it is important to do research.