MEDICAL MALPRACTICE LAW - INJURY SETTLEMENTS
Medical malpractice law is complex and difficult and for a successful claim an attorney must show that it is more likely than not that their client has suffered injury which they would not otherwise have suffered but for the negligent treatment. A physician or other healthcare provider is negligent if they have fallen below the minimum standard of skill or care which the medical profession regards as reasonable. After negligence has been proved it is necessary to show that harm has been caused as a result of lack of care which may be difficult because the patient was already ill at the start of the treatment. It is usually necessary to show the natural progression of the underlying condition and what the outcome would have been if non-negligent treatment had been given thereby establishing what difference the negligent treatment has made.
Many individual states have enacted special medical
malpractice law as a response to the increase in the number of actions and substantial jury
awards. This increase in litigation has brought about a consequential increase in liability insurance rates for health
care providers and the requirements of these local statutes must be satisfied
before a lawyer can get the clients claim before a
jury. There are several different types of restrictive statutes and most of them
create a special panel to screen claims or require arbitration and some place a limit on the amount of compensation the
patient may recover. In some states it is also necessary to study the court rules and in others the regulations applying to medical malpractice claims is a procedural rule without an accompanying statute.
Arbitration is
often advocated as the best solution however most cases cannot be decided justly without all of the factual
information being available. This can only be brought about by judicial discovery procedures and in arbitration there may not be full discovery of all documentation. Arbitration involves the plaintiff and the physician each appointing an arbitrator and these two
arbitrators then select a third. This system is fraught with difficulty because there is the natural tendency for both sides to select
biased arbitrators. Difficulty may then be encountered in selecting the third "impartial" arbitrator. In minor cases arbitration may be appropriate however in a substantial case it is preferable to rely on general medical malpractice law and take the matter to trial.
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 medical treatment then you may be entitled to financial compensation for medical negligence. Our specialist attorneys who are all members of The American Association of Trial Lawyers will deal with your case using a contingency fee arrangement which means that 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 an accredited specialist attorney will telephone you immediately to discuss your compensation claim without further obligation.
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