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Medical Malpractice USA

MEDICAL MALPRACTICE LAWSUIT - SETTLEMENTS

We can help you to exercise your legal rights to obtain the compensation you deserve. We'll ensure that you get a fair deal by sending your medical malpractice lawsuit to a specialist attorney with a track record of successful verdicts and settlements. Our specialist attorneys who are all members of The Association of Trial Lawyers of America 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. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury.

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 clinical negligence. In order to succeed in a medical malpractice lawsuit it is necessary to prove the following three items :-

  • Breach of the standard of care.
    It must be proved that the healthcare professional who may be a doctor, nurse or medical technician made a mistake which a reasonable and prudent professional would not have made under the same circumstances. Proof of this aspect requires an expert witness who is usually a senior and very experienced doctor to testify and give evidence that the doctor made a mistake.
  • Causation.
    It is also necessary to show that the doctor's mistake caused an injury. Usually it has to be proved by expert testimony that if the doctor had not made the mistake, then the patient would have recovered or would have been injured to a lesser degree.
  • Damages.
    Finally, in a medical malpractice lawsuit, it has to be shown that damage, loss or harm resulted from the doctor's mistakes. This includes the pain and suffering from injury and financial losses including loss of past and future wages, medical bills and various other miscellaneous expenses.

The key factor in a successful medical malpractice lawsuit is the accurate review and interpretation of the medical records. It is virtually impossible to accurately evaluate a claim without obtaining all relevant medical records which includes physician's records, treatment records from hospitals including the emergency room card together with scans and x-rays. Copies of the patient's medical records will generally be made available to the patient however some States will restrict direct access in certain unusual circumstances however the records will usually be made available to the patient's attorney upon presentation of a proper authorization signed by the patient. After obtaining and reviewing the medical records an experienced attorney will usually make a preliminary evaluation often after discussion with an expert witness or the attorney will send the records to a potential expert witness for evaluation.

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.


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