Legal Questions & Answers About Medical Malpractice
What is Medical Malpractice?
In general, a medical malpractice claim occurs when someone is harmed by the negligence of a health care provider. The negligence of the health care provider occurs when their treatment falls below the medical standard of care. A medical malpractice claim consists of four main elements: the establishment of a doctor-patient relationship, a breach of the medical standard of care, an injury to the patient, and a causal connection between the breach of the standard of care and the injury sustained. Often, establishing what the standard of care was, and more so that it was breached, is the most difficult element of the claim.
How do I know if I have a Medical Malpractice claim?
Medical malpractice claims are very difficult claims to pursue, and require the touch of an experienced attorney. Whether you have a medical malpractice claim or not can be difficult to sort out. If you or a loved one have been harmed by a health care provider, and there is evidence that this injury was caused by a failure in the standard of care, then there is a potential for legal action. Whether the standard of care has been breached can be hard to tell. Often, a second opinion from another medical provider that the original doctor made an error in care can be critical evidence.
How much does it cost to hire an injury lawyer?
We take cases on a contingency fee basis, meaning no retainer fee is required and no out-of-pocket costs for you to pay as the case progresses. We are only paid in the event we recover a settlement or receive an award from the opposing party upon resolution of the claim.