What is a Medical Attorney

Medical Malpractice Attorney - Statute of LImitations

Medical malpractice in the United States is the cause of hundreds of thousands of injuries and as many as 100,000 deaths each year. As alarming as these statistics are and contrary to popular belief, very few victims ever take legal action. In fact, only about 10-15 percent of medical malpractice victims or their families turn to a medical attorney for legal help.

It is important for those who have suffered injury due to the negligence of a healthcare professional to speak with a medical attorney. An attorney can help you discover if you have a viable case against those parties that caused you harm and help to determine how much compensation may be sought.

The Right to Be Compensated

Various state and federal laws provide medical malpractice victims and/or their families with the legal right to seek compensation for damages suffered due to another’s negligence or wrongdoing. The law does require victims to file a claim within a certain amount of time (called a statute of limitations), but those who file a case in a timely manner may be able to recover damages such as:

  • Compensation for monetary losses – for expenses related to medical treatment and rehabilitation as well as wage losses and other expenses caused by the injury
  • Compensation for non-monetary losses – for instance, pain and suffering, mental anguish, loss of a loved one, loss of consortium, etc.

Damages that are considered punitive will, in some cases, be awarded by the jury. This compensation is awarded to a victim with the intention of deterring future acts of negligence and punishing the defendant. However, it is important to understand that not all medical malpractice cases will end up in court. Oftentimes, a medical attorney will try to negotiate a settlement prior to trial.

When to Contact a Medical Attorney

As soon as you suspect that malpractice has occurred, you should contact a medical attorney.  The following are some of the more common instances of malpractice for which individuals often seek the advice of a medical attorney:

  • Surgery errors
  • Medication mistakes
  • Birth/delivery errors
  • Lab errors
  • Misdiagnosis/failure to diagnose
  • Delayed treatment
  • Infection caused by inadequate sterilization

Please note, however, that each case is unique and this list does not provide all possible examples of medical malpractice. It is important to contact a medical attorney if you have any questions as to whether medical negligence caused an injury or the death of a loved one.

When to Have Your Case Evaluated

Let a medical attorney evaluate your case free of charge and inform you of your legal options. It is important to learn about your legal rights if you have been injured due to a medical error whether it is by a nurse, physician or the negligence of another healthcare professional. You may have a legal right to financial compensation and an attorney will assist you in obtaining that money.

Published by: roymcmullen on November 25th, 2009 | Filed under Legal: Medical Malpractice



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