5 Common Questions About Malpractice
Have you or a loved on been injured because of a negligent doctor or physician? When going to a clinic or hospital, we should be able to put our full faith in the medical professionals that hold our health and wellbeing in their hands. If they betray that trust, there is compensation available to you. Many times, as a malpractice victim, when you sustain an injury or disability, there are ongoing treatment, rehabilitation or disability costs that you now have to pay. Don’t take the hit twice! You are not financially responsible for their mistakes and you shouldn’t have to pay the consequences of their carelessness. If a doctor or physician failed to provide the standard level of care and someone was injured or killed as a result, do not hesitate to contact a Los Angeles medical malpractice attorney from Steven J. Weinberg, Trial Lawyer today! He will maximize your claim and ensure that you recover the full amount of restitution that you deserve. If you have questions regarding your claim, here are some answers to the most common questions regarding medical malpractice.
What is medical malpractice?
This is a general term that describes instances where a medical professional does not deliver the standard quality level of service and fails to follow protocol. If a doctor, nurse or physician misdiagnosis your condition, gives you improper treatment, delays treatment, fails to treat your condition, gives you the wrong prescription medicines or fails to follow up with you, then you may a valid medical malpractice claim. Talk with Attorney Weinberg today to find out if you have a case and how much your claim could be worth.
How do you prove medical malpractice in your case?
When building up your medical malpractice claim, several things must be made evident. First you must establish that there was a doctor-patient relationship between you and the opposing party. You do this because a doctor is legally accountable to perform a certain standard duty of care for their patients. Once that is clear, you shed light on the area where your doctor failed to provide competent care. Was it in your diagnosis, your pain medication, your treatment, or your recovery? Following the natural chain reaction, you must then show how their error directly resulted in your injury. The final deduction would then be that the damage done stemmed straight from the doctor’s negligence. If the doctor’s breach of duty however, did not harm the patient, then they probably don’t have the right to claim compensation.
What is the first step in filing a malpractice claim?
You must ask yourself a serious of difficult questions to establish the basis of your claim. First, how they fail during their breach of duty as a doctor? What should they have done instead, given your specific circumstances? What would the medical community have expected him to do in that situation? If you believe that you do have a valid malpractice claim, you owe it to yourself to seek the full amount of recompense you are entitled to. Take up the proper legal protection today and contact Attorney Weinberg to protect your rights and preserve your best interests.
Will I have to take my case to trial?
Fortunately, most cases are settled way before trial becomes necessary. In some cases, you are able to negotiate with the opposing party and come to a settlement before you ever file formal charges against them. Other cases are more complex and when the two parties cannot come to an agreement, trial becomes necessary and a jury verdict will be the final decision in the case. A good attorney and talented litigator may be able to help speed up the process and close your case quicker, so make sure you choose a qualified and experienced attorney to represent you in court.
What evidence is needed to help convince the jury?
In a medical malpractice case you do not need evidence beyond reasonable doubt. This means that you do not need to convince the court 100% in your case in order to win. In cases of this nature they consider “preponderance of evidence,” which means that you evidence just needs to be more convincing than that of you opposing party. Whichever side has more evidence in their favor and has a more probable story will most likely win the case.
How much money is my claim worth and how much should I ask for?
No case is exactly the same and every situation has unique circumstances but the standard formula to determine compensation will take several factors into consideration. The estimated amount of recompense should include repayment for your medical expenses, pain and suffering, and loss of income for past, present and possibly future. Each state has different statutes and limits on the amount of compensation you can be awarded for the various kinds of damage. As a malpractice victim in Los Angeles, you would only be permitted to recover a maximum of $250,000 for your pain and suffering. The economic damages, loss of income, may result in an additional claim award. Find out what the maximum amount is for your state by speaking with the medical malpractice attorney nearest you.
Can I seek compensation for a second time for the same case?
Unfortunately, more often than not, the court will not allow a case to be reopened once it has already been settled. Many times the claimant will be asked to sign release proclaiming that this case is closed forever and will not resurface. This is why it is so important to have a hard-hitting attorney and to do it right the first time around because it may be your only chance to seek compensation.
If you have any further questions about your malpractice claim, please do not hesitate to contact a medical malpractice attorney from my firm.