Understanding malpractice is easier if you have some basic grasp of what a doctor owes you when they take you on as a patient. While you may not have realized this, taking you on as a patient means that the doctor also takes on some very real legal responsibilities to you. When they fail to live up to them you have the option of filing a medical malpractice claim.
Fact 1: What a Doctor Owes You
A doctor who takes you on as a patient owes you competent medical care and diagnoses of your ailments. When they fail, malpractice becomes a possibility.
Fact 2: It has to have Harmed You
Medical malpractice claims always involve the patient being harmed in some regard. Being frightened is not the same thing as being harmed, nor is being offended at a doctor that was rude.
Fact 3: Diagnosis Counts
If a doctor fails to diagnose a condition and it leads you to harm, that may well be cause to sue. You have to speak to a lawyer.
Fact 4: Pain and Suffering are Cause to Sue
Most claims seek at least part of the award because of the pain and suffering the client endured because of their negligent medical care.
Fact 5: Wrongful Death Claims are Common
Wrongful death from medical malpractice is most certainly cause to sue. These awards are designed to provide for the needs of the survivors.
Hiring a Medical Malpractice Lawyer
It’s amazing how many people feel they were wronged by a healthcare provider and don’t take any action because they believe they cannot afford a lawyer. They are wrong in this assumption. Some of the finestmedical malpractice lawyers work on contingency agreements.
What is a Contingency Agreement?
If you were paying a lawyer upfront, they would usually turn down your case—if they were ethical—if they think they cannot help. A contingency agreement allows you to proceed with you case without paying upfront with the understanding that the lawyer only gets paid if they win. If your case goes to trial and the lawyer is unsuccessful in arguing your claim, you pay them nothing at all.
There is a chance that the lawyer may be able to negotiate a settlement with the doctor’s insurance company, which means that you don’t’ have to go to trial. They’ll get paid if they succeed in doing this, as well, but won’t do so without your approval.