Medical Malpractice
Medical malpractice is a doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. In other words, it is negligence from a health professional that leads to injury. It is also commonly called med mal, and it is more prevalent than some believe. In fact, it is estimated that between 50% - 65% of all American doctors will be sued at least once in their careers. This is quite alarming, considering the amount of individuals in this field.
In order for a medical malpractice suit to be valid, certain criteria must be met. The following should be proven:
- The health care professional owed the patient a legal duty.
- Said duty was broken, where the professional did not abide by the required standards.
- An injury was caused due to the breach of duty.
- This injury caused damages to the victim (monetary, physical, emotional, etc.)
Once all of these have been found to be present, then a medical malpractice claim may be initiated. But you should be very careful. Don't try to settle things with your doctor without the help of a lawyer. Most health care professionals are insured and have savvy attorneys that are not willing to work for your benefit. In fact, plaintiff's only won 38% of trial cases against doctors. You should seek professional legal help to get the compensation you deserve.
You should be very careful about your state's statute of limitations as well. As valid as your case may be, if you take too long to start a legal process it may become worthless. Once you feel that you have been a victim of medical malpractice, contact personal injury attorney Nicolas Babinsky who has extensive experience in this area and can help you with your concerns and legal questions.
