Medical Malpractice

Medical malpractice occurs when an injury or significant loss of income results from medical professionals’ failure to provide adequate medical treatment. When patients are victims of medical malpractice, they commonly seek answers to the following three questions in deciding how they should pursue the situation:

If the malpractice is obvious, do I still need an attorney?

Because a health care professional or hospital will almost certainly have attorneys on their side, you should have one on yours. An attorney that has experience in medical law is needed to insure that your claim reaches the courts sooner than later and receives the best representation. Navigating the technicalities of medical law and the hospital system is an arduous process, but a medical malpractice lawyer will quickly determine your legal options within the hospital system and the medical law system. While you or loved one focus on recovering your health, your attorney will fight for your case in court.

I signed a consent form. Can I still file a malpractice claim?

Signing a consent form does not offer health care providers legal immunity from malpractice. While a consent form specifies a patient’s acknowledgement of certain risks and complications associated with a given treatment or procedure, it does not remove the health care provider’s responsibility to meet a given treatment or procedure’s standard of care.

How will an attorney address my malpractice claim?

First, your attorney will assist you in determining whether or not your case constitutes medical malpractice. If after evaluating your medical records and other pertinent materials your attorney feels that your case is strong enough to stand in court, written notification of your claim will be presented to those suspected of malpractice. Before your case goes to trial, the defendant(s) may offer you a settlement figure. If you decline the offer and are unable to reach a settlement amount, your case will then proceed to trial.