Medical Malpractice Law is the area of law concerned with the civil consequences of professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical.
Medical Malpractice Law governs liability for medical professionals when they cause personal harm by negligently rendering their services. All states have statutes that contain different processes and procedures to handle these cases. In general terms, a doctor will be held liable if their conduct fails to meet the "standard of care" provided by other doctors of the same class under similar circumstances.
Medical Malpractice, however, doesn't have to involve a mistake or poor care. It can also include confusing doctors with your insurance company, failing to file claims or appeal claims decisions promptly with your insurance company, depriving you of information that you are required to give to your insurance company, or delaying payments.
We count on doctors to maintain a high standard of care. The lawsuits that often result. Well, they're rarely good news for the doctors (or hospitals) who focus on such litigation.
Many medical malpractice cases also involve issues that a jury or judge cannot understand on their own. For example, a judge or jury cannot interpret an X-ray, MRI, or other medical images and cannot determine the outcome of a particular medical test. In these cases, the judge or jury will rely on the testimony of expert witnesses.
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The first step in pursuing medical malpractice is to retain an attorney. The attorney will start by closely evaluating the legal strategy. He will then gather all evidence, such as medical records and witness accounts. Then, he will consult a medical expert, who can later be available to testify in court.
If the plaintiff's attorney and insurance company lawyers can agree on the number of damages the plaintiff should receive, the two sides will enter a settlement agreement. The plaintiff will get paid, and the case will end.