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How Medical Malpractice Claims Work

Submitted by jrlaw on Oct 4th, 2010

Medical malpractice claims revolve around the duty of a doctor to their patients. A doctor, when they agree to give care, takes on a duty to provide the best possible care to their patient. When they fail in this duty in a way that harms the patient, the patient may have an option to sue the doctor for damages. There are several different situations that lead to these suits being filed. What they have in common is this breach of duty and the patient being harmed in some way by that action or inaction.

A medical malpractice law firm* will try to establish where the doctor or institution failed. For example, if you went in for a surgery and the procedure wasn’t done correctly, you may be able to sue for malpractice. This doesn’t necessarily mean that you could sue if a procedure failed to cure you, however, if it was delivered in a competent and effective fashion. There are some diseases that cannot be cured and there are some patients whose conditions will worsen. It is not always the doctor’s or institutions fault that this is the case.

Another form of medical negligence is the failure to diagnose a disease or condition correctly. It is possible for doctors to miss things that aren’t obvious and, in some cases, deadly conditions do not present immediate signs of their existence at all. However, when patients visit a doctor with a condition that should have been noticed and it isn’t, those patients sometimes file a malpractice claim. Nearly half of all the malpractice claims filed are a result of a doctor failing to notice that something was wrong with a patient and that patient suffering because of that oversight.

Some malpractice law firms will work on a contingency agreement. These firms allow you to pursue your case without any upfront fees. Any medical information that you share with an attorney is confidential and there is no reason to worry about sharing your story with an attorney. Some of them will allow you to meet with them for free, which allows you to see if you have a case that may win a jury award or a settlement. In the latter case, you don’t actually go to court. Your attorney negotiates with the other side and comes up with a suitable sum to avoid going to court, saving you both fees.

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