Actionable MEDICAL MALPRACTICE (also called medical negligence) occurs when a physician fails to properly treat a medical condition and the negligent failure is the cause of additional injury to the patient. Obviously the physician cannot be responsible for the original underlying medical problem. The negligent failure in medical malpractice cases can happen under a variety of situations:
There may be "medical malpractice" by a delay or failure in diagnosing the disease; or A surgical error during an operative procedure could constitute "medical malpractice"; or Malpractice often involves the physician fails to gain the informed consent of the patient to do an optional surgical procedure; or A physician who has made the correct diagnosis, there after malpractice is by failing to properly treat the disease process; Misuse of a Medical Device or Implant can also be medical malpractice.
It is the attorney's obligation to determine as quickly and efficiently as possible whether there is a good, actionable case. This is so because MEDICAL MALPRACTICE cases are by their very nature, complex, expensive to pursue, have a high risk of no recovery, and often involve a client's "personal" attachment.
The first step in the process involves the potential client entering into an agreement with the attorney which agreement sets forth the method of attorney compensation. Typically the attorney agrees to advance all costs, only to be repaid costs in the event of recovery, and to work on a contingent fee basis, that is the attorney would receive a percentage of the gross recovery, typically one-third. Thus the client will endure no economic loss in the event of no recovery.
During the initial client contact the attorney will obtain a detailed medical history during which the attorney should obtain the names of all physicians and hospitals who have rendered medical treatment to the client. It is valuable for a client to prepare a written summary (timeline) of all medical treatment including dates, doctors, symptoms, and conversations with medical providers, and treatment received. Thereafter all relevant medical records are ordered. In many medical malpractice cases, proof of negligence is found in these records.
In order to determine if there is "medical malpractice" it is necessary that a medical expert be retained to consult with the plaintiff's attorney. This expert should be well qualified to give a medical opinion, and is therefore frequently board certified in the relevant field of medicine. If after a thorough review of the pertinent medical records and other sworn statements, a physician concludes "with reasonable medical certainty that the action or inaction of the defendant physician was the cause of damage to the plaintiff," it is appropriate to file suit against the physician/hospital.
Filing suit begins the legal advocacy process, which may cover a period of several years. During this period both parties exchange a series of documents. In the first stage, the legal pleading stage, the parties set forth with precision their legal theories. In the second stage called, the discovery stage, the facts to support the various legal theories are developed. If the parties are not able to resolve their differences the case, now in its third stage, will go to trial before a judge and jury.
Of course that would be hard to do when Judges and Government agencies treat some parties differently than they do others. Remember this and also this is what , " The system did and expect from me " Whom had no legal obligation to the patients and who did try to do the appropriate thing when aware that a crime had been committed. However I should have turned my head as it was done by this folks.
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