MEDICAL MALPRACTICE ATTORNEY - SETTLEMENTS

The medical profession which includes consultants, doctors, nurses and hospital technicians usually provides a caring service with a high standard of excellence for their patients however there are occasions when things go wrong and if you or your child have been injured as a result of a failure by the medical profession or if you are the dependant of someone who has died as a result of wrongful treatment then you may be advised by a medical malpractice attorney that you are entitled to financial compensation.

Clinical negligence occurs when a healthcare professional fails to act with the care, skill and learning of the average prudent reputable member of the medical profession in that particular area of practice. Performance is judged on the standard of care in the "community", that is what other professionals in the same field do for their clients who are located in the same geographic area.

In order to take legal action a medical malpractice attorney must be able to show that, injury, loss or damage has been suffered by the person who relied upon the negligent professional medical services. It is also necessary to ask what the doctor did or failed to do and whether a similar doctor in the community would have done the same. It is almost always necessary for a lawyer to take advice from a specialist medical expert or consultant to assess whether or not there was malpractice.

Some states limit the amount of damages that a medical malpractice attorney may recover on behalf of an injured person and many states also have reduced the time limit under the statute of limitations. Some states have established mandatory arbitration procedures prior to filing a lawsuit for medical malpractice. It is important that professional legal advice is sought as soon as possible after the discovery of negligence.

Arbitration is often advocated as the best solution however the entire procedure is fraught with difficulties. In minor cases arbitration may be appropriate however in a substantial case it is preferable to rely on a medical malpractice attorney to take the matter to trial. In an arbitration each party usually nominates one arbitrator and a third arbitrator is then selected by the existing arbitrators. Frequently none of them are truly impartial and most cases cannot be decided justly because judicial disclosure of documentation is not usually part of arbitration.

Our attorneys are all members of The American Association Of Trial Lawyers with a track record of many years successful verdicts and settlements. Your attorney will deal with your case using a contingency fee arrangement which means if you don't succeed in receiving a settlement then your attorney won't get paid. For free advice without obligation just complete the contact form and a specialist lawyer will telephone you immediately to discuss your compensation claim.