Medical malpractice law governs the liability of doctors and other treatment providers when they cause harm to a patient by negligently rendering their services. Different states have complex and varying rules to handle specialized personal injury cases. But, in general terms, a doctor will be held liable if their conduct fails to meet the “standard of care” provided by other doctors under similar circumstances.
Daniel Albert Law Firm treats victims of medical negligence specially and tries to understand what medical procedure they underwent and how the medical practitioner in question failed to deliver as per the expectations or, in worst cases, ruined the procedure entirely. Our lawyers remain sensitive and humane to the victim’s pain and provide swift legal action.
Typically, errors that qualify as medical malpractice fall into one of the several categories, including:
- Failure or delay in diagnosing a patient’s condition
- Misreading the X-rays
- Prescribing wrong pharmaceuticals
- Failing to inform the procedure’s risks or side-effects
- Performing services without the patient’s consent
- Making a mistake during surgery or childbirth.
When doctors act carelessly, the results can be catastrophic for the patient. Therefore, it is not surprising that damage awards in medical malpractice cases are among the most significant personal injury cases. Damages may include medical expenses, physical pain and suffering, emotional distress, lost wages, decreases in earning potential, punitive damages, as well as compensation for partial or complete impairment, disfigurement, and death.
Expert witnesses play a unique role in medical malpractice lawsuits because many of the issues debated in these cases, such as whether surgery was performed correctly, are too complex for judges or juries to understand on their own. Other doctors need to be called upon to study the case, give an opinion, and explain the findings.
For the patient, bringing in an independent expert witness increases the cost of bringing the claim significantly. Issues about tort reform where the punitive damages are capped and it is difficult for claimants to file lawsuits also enter the equation.
The following steps are essential to secure a justified compensation for medical injury-related suffering:
- To pursue a medical malpractice case, you need to hire an attorney.
- The attorney will begin an in-depth evaluation of the factual circumstances of the incident.
- A medical expert, who can later testify at trial, will examine all the evidence and write a report.
- The expert report is given to the defendant’s attorney and insurance adjuster, and settlement negotiations occur.
- If the parties agree to a settlement amount, the two sides will draw up a settlement agreement.
- If the parties cannot settle, the case will go to trial, and a judge or jury will decide the outcome.
- During the entire process, the plaintiff’s attorney must comply with various procedural requirements.
Contact Our Medical Malpractice Lawyer for Better Assistance
At Daniel Albert Law Firm, we know the importance of a medical negligence case. We understand the harrowing experience at the hands of wrongful medical practitioners and how to ensure justice to our clients to prosecute the criminals and obtain adequate compensation. Speak to our lawyers and discuss how we can help in your case. Call us at 832-930-3059 to book a consultation.