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Approximately eighty thousand Americans are injured or die as a result of medical malpractice every year. Medical malpractice cases are filed in less than two percent of these situations.
Medical malpractice happens as a result of a physician (or other health care professional) failing to properly treat a patient or through negligent actions that cause harm to the victim. Many doctors have medical malpractice insurance to cover medical malpractice cases, though some do not have coverage at all. While all negligent doctors can be prosecuted for medical malpractice, some specializations are particularly susceptible to medical malpractice cases such as emergency rooms, obstetrics and neurosurgeons.
Types of Medical Malpractice
Medical malpractice cases can be brought against doctors under a variety of circumstances.
Autopsy studies indicate that thirty to forty percent of the cases involved a misdiagnosis of a disease that resulted in death.
Doctors obtain medical malpractice insurance to protect themselves from financial ruin in potential medical malpractice cases. Medical malpractice insurance premiums have risen dramatically in the last few years and have been the source of political and medical controversy over the dilemma of affordability. A majority of medical malpractice cases, 96%, are handled out of court through insurance negotiations.
When medical malpractice cases are filed against an insured doctor, the insurance agency will be involved in the negotiations process. Many medical malpractice cases are settled through insurance companies before they ever reach the court system. If a settlement cannot be agreed upon the medical malpractice case may go to trial in the form of a lawsuit brought against the negligent party by the victim.
Medical Malpractice Attorneys
Medical malpractice cases can be difficult and potentially costly to pursue. This is one reason why so many settle out of court. A victims’ best advocate in medical malpractice cases is a qualified and experienced attorney who has intimate knowledge of the laws and can pursue a strong case to help you receive compensation for your injuries. When medical malpractice cases are judged in the favor of the victim, compensation for all related medical expenses, loss of wages or income and pain and suffering may be awarded. Punitive damages may also be awarded in cases of willful or malicious negligence in medical malpractice cases.
Contact an Attorney Near You
To find out if you are eligible in medical malpractice cases, you may wish to contact a qualified attorney who can advise you of your legal rights and options. Please contact us to confer with an attorney who specializes in medical malpractice cases.
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