MEDICAL MALPRACTICE CASE - INJURY SETTLEMENTS

In the United States a medical malpractice case is intended to compensate a person who has been injured as a result of negligent treatment by a health care provider that has caused personal injury, pain and suffering and consequential losses. The term is used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care or safety on the part of a health care provider that causes harm to a patient and can include misdiagnosis, inappropriate treatment, failure or delay in treatment or follow up and prescription errors. Negligence is often not obvious and requires consideration, review and analysis by specialists. In order to succeed in a medical malpractice case it is necessary to show that :-

• the health care provider owed a duty of care to the patient
• the duty of care was breached
• the patient suffered harm
• the patient's injury was caused by the breach of duty

In a medical malpractice case it is usually not difficult to establish a duty of care which exists once a doctor-patient relationship has been formed and takes place when the physician agrees to care for the patient. Even after it is established that a duty of care existed and the health care provider breached that duty of care by failing to meet the requisite standard of care it will not be possible to recover compensation unless the claimant suffered injuries that were as a direct result of the breach of that duty of care. Claims may be pursued against those who provide medical or health care including, physicians, nurses, hospitals, dentists, nursing homes and pharmacists and may be brought against individuals, partnerships, professional associations and corporations.

The first step in pursuing a claim involves obtaining and reviewing medical records and other pertinent information by an attorney and by a specialist medical expert. If it is determined that there is medical malpractice case worth pursuing then written notice of the claim is given to the individuals or entities that are believed to have been responsible. A documentary review by a medical specialist is conducted to determine whether or not the health care professional failed to meet the appropriate standard of care. The vast majority of cases are settled prior to trial and some cases are settled prior to the filing of a lawsuit.

A person who has suffered from negligence has a limited time period in which they must pursue their medical malpractice case. Time limits under Statutes of Limitation vary from State to State and certain exceptions may exist under the law in certain circumstances. The time period may be extended for certain individuals including those who are minors when the malpractice occurred and in other circumstances including when a medical professional conceals the malpractice. These time limits if breached can totally preclude legal action from being taken to claim compensation and potential claimants should always seek the advice of an attorney without delay.

If you are the innocent victim of a medical mistake then you may be able to recover compensation. For free advice without obligation from an accredited specialist attorney just complete the contact form and a member of The Association of Trial Lawyers of America will telephone you immediately to discuss your compensation claim without further obligation.