When should one consult a medical malpractice lawyer? The short answer is one should do so if one suspects one or a loved one has been injured through the negligence of a health care provider. Forbes Magazine recently interviewed Jason Konvicka, a famed personal injury lawyer based in Virginia on the subject of medical malpractice and how and when it might be litigated.
The rule of thumb for how medical malpractice happens is when a health care provider deviates from a recognized standard of care resulting in an injury or even death. Not every bad medical outcome is the result the result of medical malpractice.
However, Hospitals and doctors will often try to avoid litigation by issuing a quick apology for the malpractice and make an offer for compensation before the injured party consults a lawyer. It is often in the best interests of a health care provider and their insurance company to settle quickly, since even if they were to win a law suit the litigation costs can be expensive.
Pursuing a medical malpractice case can be time consuming and expensive. It is estimated that medical errors result in 200,000 deaths in the United States every year. However only 15 percent of personal injury cases involve medical malpractice and 80 percent of these result in no payment to the injured party.
If one wants to pursue a medical malpractice claim, an experienced lawyer will first try to determine whether the case is actionable, which means that a law suit is indicated and has a chance to succeed. The research will involve pursuing the injured party’s medical records and interviews with the patient, family, and friends. Only when an attorney is satisfied that the case is doable will he or she proceed with the malpractice suit.
One thing to consider is that various states have statutes of limitations, which differ from state to state, past which a malpractice suit cannot be pursued.
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The rule of thumb for how medical malpractice happens is when a health care provider deviates from a recognized standard of care resulting in an injury or even death. Not every bad medical outcome is the result the result of medical malpractice.
However, Hospitals and doctors will often try to avoid litigation by issuing a quick apology for the malpractice and make an offer for compensation before the injured party consults a lawyer. It is often in the best interests of a health care provider and their insurance company to settle quickly, since even if they were to win a law suit the litigation costs can be expensive.
Pursuing a medical malpractice case can be time consuming and expensive. It is estimated that medical errors result in 200,000 deaths in the United States every year. However only 15 percent of personal injury cases involve medical malpractice and 80 percent of these result in no payment to the injured party.
If one wants to pursue a medical malpractice claim, an experienced lawyer will first try to determine whether the case is actionable, which means that a law suit is indicated and has a chance to succeed. The research will involve pursuing the injured party’s medical records and interviews with the patient, family, and friends. Only when an attorney is satisfied that the case is doable will he or she proceed with the malpractice suit.
One thing to consider is that various states have statutes of limitations, which differ from state to state, past which a malpractice suit cannot be pursued.
For more information contact us
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