Medical Malpractice Attorney | Understanding Medical Malpractice

Understanding Medical Malpractice

Malpractice is a term that is oftentimes used incorrectly. It describes a specific situation where a doctor doesn’t honor their legal obligations to their patient. It doesn’t mean that you’re dissatisfied with a doctor’s services, that you aren’t satisfied with their recommendations or that you got a diagnosis you didn’t want to hear. There are situations, however, where a doctor may seriously breach their duties to their patient and these are the occasions when the patients oftentimes start seeing what medical malpractice law firms might be able to do for them.

Around half of the medical malpractice cases brought every year have to do with a failure to diagnose on the part of a doctor. This is a tricky area of the law, however. As an example, there are many types of cancers that can remain hidden in the body for years before they become a problem and it may not be malpractice if they’re not detected. A doctor may well not see these cancers as there aren’t always symptoms. However, if someone came in, had an obviously cloudy chest x-ray and the doctor didn’t do their job and investigate further, there may be a case.

Medical malpractice claims also have to specify the amount of damages done to the patient in dollars. This can sometimes be difficult, obviously, especially if the malpractice resulted in a very traumatizing, painful condition. The medical expenses, of course, are easy to calculate in terms of dollars. An attorney can help you figure out how much to claim in your suit. They’ll use their experience, the amounts won by claimants in the past and other information to determine a good figure. When you do sue, there are sometimes options presented other than going to a jury trial.

In some cases, the doctor’s insurance company may offer a settlement to get rid of the lawsuit. If the amount they’re offering is enough, your lawyer may recommend that you take it and avoid going to court. If you have to go to court, however, your lawyer will be with you all the way. Lawyers that specialize in these cases have access to information, experts and their own expertise. This allows them to argue your case very effectively. There’s no guarantee that you’ll win your claim at a jury trial, but a good lawyer makes it far more likely that you will. Some lawyers work without upfront fees under what’s called a contingency agreement.