Medical Malpractice Cases
Medical malpractice occurs as a result of a doctor improperly
treating a medical condition, and the improper treatment or negligence
is the cause of a new or worse injury to the patient. Medical
malpractice does not include cases referencing the original medical
problem, which cannot possible be the physicians responsibility. These
negligent cases can include, but are not always limited to the following
circumstances:
- Failure to diagnose a disease or delay in doing so
- An surgical or anesthesia related error
- Doctor's failure to gain consent for performing a given procedure
- Failure to properly treat a disease even if the correct diagnosis
has been made
- Errors in use of prescription drugs and/or other medical devices
In the case of medical malpractice, it is the lawyer's responsibility
to quickly determine if the case is legally actionable. These cases can
be extremely expensive for both parties, hold a high risk of absolutely
no payout, and also involve strong emotions of the client. The inital
step in this analytical process involves an agreement between the
potential client and attorney to determine compensation. Under normal
circumstances, the attorney will agree to advance all case costs in
exchange for a percentage of any recovery. This is known as a contingent
fee, and guarantees that the client endure no additional financial
loss.
In addition to the attorney-client agreement, the attorney will also
collect the medical history of the client, including any doctors and/or
hospitals that have provided medical care. In many cases of medical
malpractice, this history can provide important evidence to prove
negligence.
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