PERSONAL INJURY - MEDICAL MALPRACTICE LAW

Medical Malpractice Law Overview

Medical malpractice is the failure of a doctor or other licensed medical professional to provide a patient with treatment equal to the customary standard of care, which results in an injury or loss to the patient.

Injured persons may sue for an injunction to prevent the continuation of the conduct or for monetary damages. Injured parties may recover the following damages, and they include both present and future expected losses.

» Lost wages
» Pain and suffering
» Medical expenses
» Punitive damages in extraordinary cases

There are many particulars about medical malpractice that one should be aware of before filing a medical malpractice claim.

An expert doctor witness is required throughout the case. This not only has to paid for, but makes the case usually take longer than other personal injury cases.

Most states have limited the amount of reward that can be awarded in medical malpractice case. In addition, the time limit to file has been shortened in some states. Some states have even established mandatory arbitration before a case can proceed to court.

Due to the timeframes required, the degree of coordination with other individuals such as the expert doctor witness, and the state by state nature of laws governing medical malpractice cases, it is highly recommended that anyone seeking to file a medical malpractice claim retain a lawyer rather than try to bring the case to court without proper counsel and understanding of what is required.

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Medical Malpractice Law Resources