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What Constitutes a Medical Malpractice Lawsuit

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Where Should I Get Help?

According to the Journal of the American Medical Association (JAMA), the third leading cause of death in the United States is medical negligence. This is right next to heart disease and cancer. No wonder the numbers of medical compensation lawyers continue to rise. But how will you know if you or a loved one is already experiencing medical malpractice? Would you accuse all negative results as malpractice? Moreover, these situations can become stressful over time. How will you handle the case properly?

In this article, we’ll talk about what makes up a medical malpractice lawsuit and where you can reach out for help.

What Constitutes Medical Malpractice

Firstly, this situation happens whenever a healthcare provider falls short of the established standard of care when treating a patient. This standard is defined as what a prudent medical practitioner would and would not do. In other words, the patient can file negligence claims when medical malpractice is proven present. On the other hand, a bad medical result isn’t always grounds for malpractice. Medical care providers swear an oath to always be honest to their patients.

Experts say that a malpractice claim exists if the healthcare provider caused injury or any form of damage to the patient. More than $3 billion was spent in medical malpractice costs alone in 2012, with an average of one payout every 43 minutes. This figure is alarming, considering the cost, stress, and wasted time that a malpractice case may inflict on the patient’s family. Nevertheless, if a medical procedure is really mishandled, then it would make sense to hire a malpractice lawyer.

Where You Can Get Help

You can file negligence claims as a first step. Your chosen lawyer will then conduct a thorough review of the case details – starting from the medical records, procedures done, interviews, and other data that is available to the representing firm. Once the lawyer determines that the malpractice case is actionable, they will then recommend to continue with the lawsuit. There is a deadline as to when the lawsuit must be filed and this differs amongst states and regions.

Your compensation lawyers will guide you throughout the case. They’re your best bet in establishing a case as well as winning the malpractice claim. Nevertheless, keep in mind that the outcome of your case and claim will depend on the information presented as well as the evidences provided. It’s not always a win-win situation, especially if the health-care providers have informed the patient of the possible negative outcome.

Throughout the medical malpractice claim, it’s important to stay positive and supportive of one another. Forbes says that only 15% of the lawsuits filed are related to medical malpractice. And an astounding 80% of the people who filed ended up not receiving any claims. To raise this percentage, be sure to do a background check of the lawyer you’re hiring. Don’t just hire anybody. Sometimes, the problem isn’t in making a solid case but the one who’s fighting for you.

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