The prospect of a medical malpractice suit sometimes causes doctors to exercise more caution in treating their patients than necessary. And many people still have a negative view of medical malpractice as something that unscrupulous people use to make easy money at the expense of medical professionals. But that is as far from the truth as you can get.
Of the many incidents of malpractice that happen every year, only a fraction is taken to court. In a majority of these cases, the victims do not file suit or may not even realize they had that recourse. That is not to say that there are no frivolous medical malpractice suits filed, but those are few and far between. The sad part is that though a majority of the malpractice complaints that get file really have merit, only twenty percent result in compensation awards. It is clear that the medical practitioners are not the victim here.
The best malpractice lawyers in Philadelphia will tell you the reason for low conviction rates: convictions are not based on whether injury occurred or damage was suffered, it is based on what can be proven in court. It is not easy to prove medical malpractice but the best medical malpractice lawyers can do it. If you’re looking for good malpractice lawyers, McLaughlin & Lauricella, P.C. Trial Attorneys site is a good place to start.
What constitutes medical malpractice? Medical malpractice is an error committed by a medical professional which results in injury or damage to his patient. The error may take the form of an act, an omission, or misdiagnosis which fall below the accepted standard level of service expected of medical professionals.
This means the following things need to be proven:
a) That the client suffered injury or damage;
b) That such injury is the direct result of sub-standard treatment provided by a medical professional;
c) That the injury happened in the course of treatment where the client had a doctor to patient relationship with the medical professional
It is hard to build a case which covers all the things that need to be proven. That the burden of proof lies with the victim of malpractice does not provide much comfort. However, it is not impossible. To determine whether a person has a case worth pursuing, the American Bar Association advises each person to consult with a medical malpractice attorney; if a second or third opinion is desired that is much better.
The best medical malpractice lawyers Philadelphia PA will examine the case very carefully. They will weigh the client’s testimony, the extent of his injury, the documentary evidence he holds, his reputation, and his doctor’s track record. Based on their assessment they will ascertain the client’s chances of winning and approximate a reasonable amount of compensation that may be awarded. If an experienced malpractice attorney agrees to take a client’s case, then half the battle is won.
While a malpractice lawsuit can be very complicated, finding the right legal professional to provide advice and representation is key to successful litigation.