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AllLaw.com: Medical Malpractice Information and Resources

What is Medical Malpractice?

Accidents. Mistakes. Errors. They happen every day and are generally forgivable and understandable. But when the mistakes of negligent professionals adversely impact our lives, any excuse or reason is unacceptable. When we place our trust in individuals that promise to help us and they end up harming us, there may be cause for legal action.

If you have suffered a wrongful death or personal injury while receiving medical care, it is important to discuss your claim with an experienced medical malpractice lawyer. He or she should be able to assess your claim, make sure you are aware of your rights and help you develop a strategic plan to recover the compensation you are entitled to.

Victims of medical malpractice may be entitled to seek general damages for things like medical bills, cost of continued care and pain and suffering. In addition to general damages, victims may also be able seek punitive damages that are designed to punish negligent or willful offenders and serve as a deterrent to engaging in similar behavior in the future.

Medical malpractice claims are complex legal undertakings as victims must prove the following:

  • Establish that their doctor made an unreasonable mistake that would not have been made by another doctor under the same circumstances.
  • Demonstrate how their doctor's mistake harmed them in a way that they would not have been if they received different treatment.
  • Show the extent of the damages sustained as a result of the doctor's negligence.
  • Medical malpractice cases often involve expert testimony and extensive research that should only be undertaken by an experienced medical malpractice attorney. This means that the firm you choose should have the resources to conduct the necessary research and secure expert testimony. This can be expensive.

    If you're worried about the cost of bringing a medical malpractice lawsuit against a doctor, understand that many attorneys take medical malpractice cases on a contingency fee basis. That means that you don't owe the attorney anything until after your case is won. If your attorney does not win your case, he or she receives no compensation for their work. If your attorney does win your case, they will take an agreed upon percentage of the money that is recovered.


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