Author Box
Articles Categories
All Categories
Articles Resources

How a Medical Malpractice Attorney Can Help

May 31, 2012 | Comments: 0 | Views: 153

A medical malpractice attorney can help a client who has had a doctor who has committed professional negligence, by either act or omission, which then makes the treatment or procedure turn out to be worse than the accepted standard within the medical community. A medical malpractice attorney can also help a family who has had a family member die or be injured by a doctor who has committed professional negligence. Each country has its own regulations and standards that define professional negligence. Sometimes doctors and other medical professionals obtain professional liability insurance to help defray the risk and also the costs of a lawsuit based on their errors.

One statistic shows that about 200,000 people are killed each year by medical errors. If the family decided to sue, this is where a medical malpractice attorney would step in and help them win their case. In October of 2008, there was an estimated $324 million worth of costs for the hospitals where medical errors occurred. Even though there are about 200,000 people killed each year because of medical errors, only about 15,000 to 19,000 actual suits are brought against doctors each year. In 2003 the expenses due to these lawsuits was at a 20-year high with $4.8 billion in payouts. Since then, however, the payouts have been on a decrease, and in 2011, the total amount of payouts hit a 10-year low. Each state has its own amount of payouts, and these quantities vary greatly.

In order for plaintiffs to win their case, they will need to have all four elements of the tort in order. The first thing that a claimant needs to prove is that there was a duty owed to the patient. This is to say that they need to prove that the hospital or doctor had undertaken the treatment of the patient, because any time a hospital or doctor actually undertakes the care or treatment of a patient, then there is a legal duty to care for that patient. The second aspect of the tort that they need to have in place is that duty was actually breached. This means that they have to prove the healthcare provider's failure to provide the relevant standard care. The third thing they need to prove is that a breach in standard treatment practice actually caused injury and that said breach was in fact the cause of that injury. Finally, they need to prove that there was damage as a result of the aforementioned mistreatment. Without damage, be it emotional or pecuniary, then the case will fail, even if the healthcare professional was actually negligent. Even if there was damage, it could have reasonably occurred without negligence.

Another thing that a plaintiff should know is that there is a limited time in which they can file for the suit. These time limits often vary depending on what kind of professional negligence occurred and where it happened. Often, it is good to file as soon as possible where these cases are concerned. That way the process can get started as soon as possible. The complexities of these varied legal requirements make the consultation of a professional medical malpractice attorney most important for a victim's success with a claim.

Medical patients or families of patients who have been mistreated who might be seeking a dallas medical malpractice attorney should visit Source: EzineArticles

Was this Helpful ?

Rate this Article

Article Tags:

Dallas Medical Malpractice Attorney

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 291

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 428

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 234

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 240

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 388

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 243

All of us have been to our local hospital's Accident and Emergency department at some point, be it for a spot of DIY gone wrong or a sporting accident. Cases in A&E are generally dealt with quite

By: Christopher Joseph Smithl Legal > Medical Malpracticel June 25, 2012 lViews: 212

The birth of a child is one of the greatest and most joyous moments in the life of the new parents, and if the child is born healthy and without unexpected complications this is often the case. On

By: Michael Siebenl Legal > Medical Malpracticel June 18, 2012 lViews: 275

When someone is diagnosed with mesothelioma, they may find that they need an attorney to help them with their case. This is a disease that is rare, and there is little to be said about the condition.

By: Noel Boensell Legal > Medical Malpracticel June 16, 2012 lViews: 186

Pressure ulcers are more commonly referred to as bedsores. These sores are not something that we can all expect to have when we grow older. Anyone with a loved one in a nursing home or care facility

By: Dave Abelsl Legal > Medical Malpracticel June 16, 2012 lViews: 166

Thankfully, medical negligence isn't that common but there are still lots of people who have suffered misdiagnosis, the wrong prescription or a surgical accident that has led to discomfort, a

By: Christopher Joseph Smithl Legal > Medical Malpracticel June 15, 2012 lViews: 173

There exists several forms of medicinal negligence and no any two cases are always similar. Medical malpractice cases usually involve very many medicinal areas. As opposed to the common perception

By: Jack Quincyl Legal > Medical Malpracticel June 12, 2012 lViews: 155

Any given law office will usually have a specific subspecialty that they help their clients with in the legal profession. During these tough financial times, law offices have sprouted up or began to

By: Abraham Avotinal Legall June 15, 2012 lViews: 207

This article explores the possible suggestions a bankruptcy attorney might give to his client. It explains the more common options.

By: Abraham Avotinal Legall June 15, 2012 lViews: 207

Not everyone has the ability to be a family attorney. Many would like to be one, but it's a challenging path.

By: Abraham Avotinal Legall June 14, 2012 lViews: 160

Anyone who has ever watched syndicated talk shows knows that it is a cinch to get a DNA test. Here are some of the common questions about the process.

By: Abraham Avotinal Legall June 14, 2012 lViews: 176

A criminal lawyer helps companies or individuals who are facing criminal charges. This attorney offers guidance and assistance that relates to the matters of their client's case and formulates a

By: Abraham Avotinal Legall June 13, 2012 lViews: 161

One of the best ways to improve your situation is to hire a foreclosure attorney as soon as you default on your mortgage. This ensures that your lawyer has enough time to get your situation back on

By: Abraham Avotinal Legal > Real Estate Lawl June 04, 2012 lViews: 189

Discuss this Article

comments powered by Disqus