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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