MEDICAL MALPRACTICE LEGAL CASE SETTLEMENTS

These legal actions are usually complex, time consuming and vigorously defended by medical insurers who are inevitably represented by law firms who are widely known for their skill, experience and vigilant defense of clinical negligence claims. There are a number of factors that lawyers must consider before they agree to act on behalf of a client in a medical malpractice legal case which include:

• The Statute of Limitations.
  Legislation has been passed by all states requiring that an action against a medical professional must be commenced within the limitation period. The law differs from state to state however if the medical malpractice legal case has not been filed prior to the expiry of the relevant period then the lawyer will almost certainly refuse to act in the case.
• The Quantum Of Damages.
  The amount of damages that might be awarded by a court in a medical malpractice legal case is a significant factor involved in the initial assessment by a lawyer. Cases in which the figure is low may not, even in the event of a successful outcome, cover the cost of expenses and such a case would be rejected by a lawyer. The higher the amount of potential damages then the greater the chance that a law firm will be prepared to deal with the case on a contingency basis.
• Was Informed Consent Obtained?
  It is incumbent on a health care provider to advise his patient of the risks and benefits of a particular procedure and what the alternatives are. Failure to do so may mean that the health care provider is negligent and subsequently held liable for the payment of damages in a medical malpractice legal case, in the event of subsequent problems. Even if there is no informed consent, there will be no liability if it can be shown that a reasonable person would have consented to the procedure in the knowledge of the risks and benefits. In extraordinary circumstances the requirement for consent may be waived.
• Was the treatment negligent?
  Treatment is negligent if a healthcare provider has fallen below the minimum standard of skill or care that the medical profession regards as reasonable in that particular location or state. The standard of care is that degree of skill and care to be expected of a provider with that individual’s training and experience. This includes not only doctors but also hospitals, clinics, dentists, nurses and technicians and any other party or body that undertakes to provide services to take care of patients sufficient to establish a duty of care. Negligence in a medical malpractice legal case is usually proved through the use of an expert witness. If there is no obvious evidence of negligence then a lawyer will inevitably reject the claim. The mere fact that treatment is unsuccessful is not necessarily evidence of negligence. Whether or not there has been a failure to attain the required standard of care is assessed initially by a specialist medical expert retained by the claimants lawyer and except in extremely unusual situations, a case without a supportive expert opinion is destined to fail.
• The Nature of the Claim.
  Some types of claim are more difficult to prove than others and an initial risk assessment will be made balancing the type of claim against the strength of the available evidence. A medical malpractice legal case with high risk factors is unlikely to be accepted on a contingency fees basis.
• Causation.
  In addition to showing that the health care provider’s care fell below the required standard it is also necessary to show that injury or loss was the direct result. There must be proved to be a direct link between the malpractice and the damage caused.

Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.