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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