Medical Negligence

If your doctor has injured you be it by an act or by a failure to act, you may be entitled to seek monetary damages from the doctor, dentist, therapist, nurse, his/her employer (hospital, medical clinic, etc.), and his/her insurance company. Many medical professionals are covered by professional liability insurance (colloquially called ‘malpractice insurance’) to cover a failure to act, medical error, or other behavior that has caused injury.

You will need to hire a compensation solicitor to present your malpractice case to a jury. These types of lawyers are skilled and knowledgeable in presenting malpractice cases to a judge, jury, or other panel. Many compensation lawyers work on a contingency basis, which means that if they don’t win you don’t pay.  It’s best to deal directly with the firm itself, rather than a marketing company because the marketing company will often sell your claim to a firm of their choosing (not yours).  Additionally, marketing companies are legally allowed to charge you fees even if the law firm being used is working on a contingency basis.

You and your lawyer will need to establish four facts in order to have a successful malpractice claim.

The first fact that needs to be established is that a duty was owed (a legal duty exists whenever a medical professional or organization—such as a hospital—starts the care and/or treatment of a patient).

The second fact is that the duty was breached (defined in medical malpractice claims as the health care provider failing to conform to the relevant standard of care).

The third fact to be established is that the breach which is stated (and hopefully proven in number 2 above) caused an injury or death.

The fourth and final fact that must be established is that damage occurred, either financial or emotional or both. The damages are often considered to be losses that can be quantified. For example, if the duty that was breached led to loss of livelihood that is an amount that can be estimated or quantified. However, emotional damages can often be awarded as well if it can be shown that the malpractice caused mental or emotional stress, anguish, or the like.

In summary, it is important to hire a competent and skilled compensation solicitor when you feel that your doctor or other medical professional is guilty of malpractice. Research their records, or ask others about their experience in medical malpractice.