About Medical Malpractice Cases
Medical malpractice cases are designed to provide individuals injured do to the negligence of a health-care provider the ability to obtain appropriate compensation. All medical malpractice cases require testimony from an expert. An expert is a health-care professional with proven experience and education in regard to the specific area of practice in which you suffered an injury.
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Function
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The primary function of a medical malpractice case is to establish a specific legal process through which you obtain appropriate compensation for all damages and losses sustained due to the negligent action or inaction of a particular health-care provider.
Time Frame
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The laws from one state to another vary slightly as to the time frame in which a medical malpractice case must be filed. The typical time frames are either two or three years from the date of the injury. Some states start the clock running from the date you discovered the injury or reasonably should have discovered the injury. If you fail to file a medical malpractice lawsuit within this time frame, you forever are precluded from suing the health-care provider.
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Considerations
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A primary consideration in a medical malpractice case is whether to take the case to trial. Electing to settle a medical malpractice case likely results in you obtaining a lesser amount of money than potentially might be awarded to you at a trial. However, a trial does represent something of a roll of the dice. You can end up obtaining no compensation at all if you actually go to trial in regard to your medical malpractice claim.
Features
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You are entitled to compensation for different losses when pursuing a medical malpractice case. The types of compensation you are entitled to includes current and future medical expenses, current and future lost wages and compensation for pain and suffering. In some cases, a judge awards punitive damages at the conclusion of a trial. Punitive damages are awarded when the conduct of a health-care provider was particularly egregious.
Expert Insight
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Faced with a medical malpractice claim, consider engaging the services of an experienced medical malpractice attorney. These attorneys understand the complexities of the law and procedure associated with medical malpractice lawsuits. The state and local bar associations maintains directories of attorneys in different practice areas, including those that practice in the medical malpractice arena. Contact information for these organizations is available through the American Bar Association:
American Bar Association
321 N. Clark St.
Chicago, IL 60654-7598
312-988-5000
abanet.org/barserv
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References
Resources
- Photo Credit Lovely Doctor image by Paul Moore from Fotolia.com
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Comments
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