It Can Be the Most Devastating Wrong You Will Ever Suffer. But We Can Help!
What Is Medical Malpractice?
Medical malpractice is professional negligence by act or omission by a health care provider, in which the care provided you or your loved one deviates from accepted standards of practice in the medical community, and, as a result, causes harm.
This harm can come in many forms: from simple injury, loss of wages from missed work, loss of consortium or quality of life, to more serious injuries, and finally to causing the devastating end of a normal life, up to and including the death to the patient.
Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. One of the most important goals of your legal representation is the recovery of funds for you, from this liability insurance, as part of returning you to a normal life, or of compensating you for the loss and wrong you have suffered.
However, Medical Malpractice claims are not always valid with every medical injury, and they do not always provide a basis for a medical malpractice law claim.
How Is Malpractice Proven?
To prove medical malpractice (that is, to establish your health care provider’s liability), you must have expert medical malpractice testimony that establishes by a preponderance of the evidence that your health care provider had a duty to act in your behalf; that no reasonable health care provider would have done what yours did, and thus therefore your provider breached that duty through negligence; and that your health care provider’s negligence was a cause of harm.
Tort Law holds that all of the above must be present and linked; if any one is absent (for instance, if the negligent act by itself cannot be proven to have caused the harm), then liability does not occur, and you will not recover damages even if the harm involved significant injury or death.
Also, state law requires you to file your lawsuit within the statutory time period or “statute of limitations.” If you do not file promptly, you risk having your case dismissed even if negligence was present.