medical malpractice lawsuit

Medical Malpractice and Your Privacy

Submitted by jrlaw on Aug 10th, 2010

One of the most intimidating things about filing a medical malpractice claim is having your medical information dragged out in public. Fortunately, this isn’t as bad as you may think. Your lawyer can be trusted with all of your medical information as much as any doctor can. If you go in for a consultation and you don’t end up having a case, the lawyer will not divulge your information to anyone, ever. There’s no reason to let embarrassment or fears that your information will be outside your control stop you from filing a claim that could net you damages for your pain and suffering.

Medical malpractice affects thousands of people every year. Sometimes it’s a bad diagnosis that leads to the wrong treatments being prescribed. In other cases, a doctor may simply neglect all of their patient’s needs, resulting in a condition worsening when it shouldn’t have. In any case, medical negligence, at best, is expensive. At worst, it can be lethal. There are specific laws that apply to how doctors conduct their business. They are held to very high standards, as is necessary given what they do for a living. A doctor does have a legal duty to you when they accept you as a patient.

Four Burdens of Proof for Medical Malpractice

Submitted by jrlaw on May 5th, 2010

Medical negligence or malpractice cases are complicated. They require excellent technical skills in the field of medicine for malpractice law firms to be able to win a case for their clients. In order to win a case, the lawyer must prove four things in court:

• The doctor owed a duty towards the patient

• The doctor breached this duty

• The breach caused Injury to the patient

• There were damages due to the injury

The above are also considered the four elements of medical malpractice.

Four Elements of Medical Malpractice

Duty owed: When a doctor or hospital treats a patient, a legal duty is created. This duty starts as soon as the doctor begins to provide any service to the patient, which includes medical counseling. If the claimant fails to show that there was an active doctor-patient bond during the time of the injury, his or her case becomes baseless. This is the very first step in making the case strong. If the lawyer fails in this, there is not much hope that you can get medical malpractice damages.

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