Medical Malpractice Lawsuit

Have you or a loved one been seriously injured due to a Doctor or Hospital Mistake or Carelessness? Lost a loved one due to Medical Malpractice? We are here to help. You may be able entitled to financial compensation to help your family during this difficult time. Call us today to see if you qualify. This is a free no obligation consultation. 

Investigating all Medical Malpractice cases including:

• Cerebral Palsy
• Paralysis
• Amputation
• Hypoxic-Ischemic Encephalopathy
• Brain Injury/Brain Damage
• Wrongful Death
• Failure to Diagnose
• Negligence
• Birth Injury
• Developmental Delays
• Prenatal Death
• Improper Anesthesiology

Medical malpractice suits are filed when a patient believes a doctor strayed so far from the standards in his particular practice that he causes a patient to suffer injury or even death as a result of his negligence. Interestingly, a majority of medical malpractice cases (60 percent) are filed by females.

In order to be able to prove an incident of medical malpractice, all of the following requirements must be met:

• The existence of a doctor-patient relationship must be evident. Perhaps the easiest burden of proof to show, it must be evident that the doctor was treating the particular patient who is suing him. Someone cannot just sue a doctor for malpractice if he heard that the doctor was treating someone else in a negligent manner.

• The doctor was actually negligent. While some patients may be unhappy with their test results or their treatment, this does not constitute malpractice. What does constitute malpractice is the doctor harming the patient in a situation where a similar doctor in a similar situation would not have. Often, experts are brought in to the claim to show how the doctor deviated from the standard of care he should have been following.

• The doctor's negligence was the cause of the patient's injury. This one is perhaps the most difficult to prove, since the doctor is already treating a patient for an injury – an injury that the patient can lie and say the doctor had inflicted on the patient himself. This is another instance wherein an expert is usually brought in to verify that the injury was "more likely than not" the direct result of the doctor's actions.

• The injury suffered by the patient caused financial damages to the patient. Even if a patient is assigned to the worst doctor in the world, he cannot sue the doctor for malpractice if the doctor's actions did not cause him harm in any way. What patients can sue for, however, are physical pain, mental strife, medical bills, and lost wages or earning capacity.

When it comes to medical malpractice claims, it seems that no one particular kind of doctor is sued more than any other. Primary care physicians, surgeons, and OB/GYNs all have similar percentages insofar as how often they are the defendants in medical malpractice claims. 

Insofar as whether or not patients actually prevail in their claims, about 60 percent of all medical malpractice claims settle, whereas about 20 percent of claims end up prevailing at the trial court level. Nearly half of all malpractice claims relate to a doctor's error in diagnosing the patient, and it can take over two years (27 months) on average for the matter to finally resolve.