Victim Of Medical Malpractice? What You Should Do

Undergoing medical treatment is rarely a pleasant experience. Nonetheless, most people recognize the necessity of receiving regular, competent medical care as a part of maintaining an acceptable quality of life. Doctors and other health care professionals are held to certain standards of care and their patients trust them to exercise all of the skill and judgment at their disposal.

Sometimes, however, health care professionals fail to exercise an acceptable standard of care. This deviation from accepted medical practices may consist of a misdiagnosis or a failure to diagnose a condition. It may also result from inadequate treatment or failure to provide care. Sometimes medical malpractice is the result of having insufficient equipment. Physicians may be held responsible for this medical malpractice, but so may dentists, nurses, administrators and health care facilities.

When the patient believes they are the victim of malpractice it can be a stressful time. Income may be lost and quality of life can take a sharp decline. The mental and emotional toll can also be extensive. Personal relationships may suffer, making the consequences of having experienced medical malpractice create shockwaves throughout the patient's life.

When a patient believes they have been the victim of medical injury it is important for them to act quickly by contacting an experienced medical malpractice attorney. Such an attorney will utilize their knowledge to determine whether or not the patient actually experienced medical malpractice and whether the case has sufficient merit to be pursued. A malpractice claim is one that is difficult and expensive to prove. The opinion of expert witnesses must be obtained and this can be a costly process. Furthermore, many malpractice claims must be taken to trial before they are resolved. This can involve years of the patient's life and become expensive and stressful.

Most medical malpractice attorneys will take a case that they believe has merit on a contingency basis. This means that the attorney essentially gets paid when their client's case has been won and they have been compensated by the defendant. At the outset of the case the attorney and the client will sign an agreement in which the percentage of the attorney's compensation is stipulated. This may be a percentage from 25% to 45% depending upon the attorney's practice. Generally the percentage given to the attorney will be smaller if the case can be resolved before going to trial.

Anyone who believes they are the victim of medical malpractice should consult an attorney as soon as possible thereafter. The statute of limitations may define how long after the occurrence of the malpractice a claim can be made. That is why early consultation with an attorney is crucial. It is only with such a speedy consultation that the attorney can ensure that no important deadlines are missed.

A medical malpractice claim has a way of encroaching on every aspect of the claimant's life. For a period of months or perhaps even a few years it may be a central concern. However, an egregious case of malpractice also consumes the patient's life. They may be unable to work or enjoy life in any capacity. In such cases compensation is both necessary and fair. In extreme cases where the malpractice resulted in the death of the patient the family of the deceased may sue on their behalf. Such a case would involve compensation for loss of companionship and punitive damages.

Claimants in a medical malpractice case may make claims for lost wages, mental anguish and physical pain and suffering. Generally, the claimant is seeking to be placed in a position comparable to that which they would have occupied had the malpractice never occurred. Although financial compensation cannot always fully redress the issues caused by the medical malpractice it can at least help enhance quality of life. With the help of an experienced medical malpractice attorney claimants can regain their peace of mind.