Medical Malpractice Settlements

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Medical malpractice settlements have caused many doctors and surgeons to be extremely proficient in their areas of practice. Medical malpractice is a broad term generally used to describe any surgery, treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient.

Medical malpractice settlements can result from many different types of cases.

Click Here To Learn About All Types of Medical Malpractice 

In many instances, medical malpractice settlements are not easy to prove because they require the review and analysis by medical experts often opposed to testifying against their peers.

Attorney Costs 

Some people will put off the chance of a medical malpractice settlement because they are worried about attorney costs. In fact, most medical malpractice settlements are won without the victim putting a dime into the case. Some attorneys will agree to handle medical malpractice cases on a contingency fee arrangement. This means that the attorney will not charge an hourly rate for his or her services, but instead will be paid a percentage of the recovery in the event of a medical malpractice settlement or judgment.

In many instances, attorneys will also pay the case development expenses such as expert fees, deposition costs, and so on. This is all done with the understanding that he or she will recoup such costs only in the event of a medical malpractice settlement. This results in the victim being able to pursue a medical malpractice settlement by securing legal representation without having to pay any attorney's fees or expenses out of one's own pockets.

Proving Your Case 

In order to be successful with a medical malpractice settlement, a claimant must usually show the following facts. 

  • The health care provider owed a duty to the patient.
  • The health care provider breached that duty.
  • The claimant must show that he or she suffered an injury due to the health care provider.
  • The claimant must prove that the patient's injury was a proximate cause of the health care provider's breach.

Once a doctor-patient relationship has been formed, a physician owes a duty to a patient. Such a relationship is usually formed when the physician agrees to care for the patient practicing good faith and procedure. Nonetheless, even if it is established that a duty existed and the health care provider breached that duty and failed to meet the requisite standard of care, a claimant may not recover from it unless the claimant suffered injuries that were a direct result of the breach.

Contact An Attorney Near You 

If you or a loved one is the victim of medical malpractice, you could be entitled to a medical malpractice settlement. Medical malpractice settlements can be difficult to win without an expert in the field. Contact an experienced attorney to ensure that your medical malpractice settlement is executed properly.

Related Medical Malpractice Settlement

Dec 1, 2008 - EHRs May Lower Medical Malpractice Settlements 

Aug 7, 2008 - $3M Settlement Reached in King Suits

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