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According to statistics, only 2 to 15 percent of medical malpractice victims file legal cases against the medical professionals who are accountable for the damages and injuries inflicted to them. This may be part of the reason why the number of deaths caused by medical negligence has reached the alarming figure of 100,000 every year in the United States. There are hundreds of thousands of cases of serious injuries and other losses.
What is the first step when filing a medical lawsuit?
Contacting a medical attorney for a free evaluation of your case is the first step in proceeding with a medical lawsuit. A medical attorney has experience and familiarity with the law and can help you decide whether you have a viable case against the medical professionals that caused the harm.
Normally, the medical attorney will collect medical records and other evidences or testimonies from credible medical professionals. The case will be filed only when it is confirmed as worthy of a judges time.
Simply defined, medical malpractice is any form of negligent conduct that causes damage or injury. Therefore, if the conduct did not cause the suffering, no compensation can be claimed.
Some forms of medical negligence include:
*Wrong Diagnosis or failure to diagnosis
*Poor Communication of risks of treatment
*Lack of care in performing a medical procedure
*Errors in laboratory tests and reading the results
*Errors in prescribing medication
Permanent injury to a victim due to medical malpractice is referred to as residual damage. In filing a lawsuit, residual damage is considered solid evidence against the medical professionals and institutions involved.
In addition, the laws governing the medical cases are complicated and often differ from state to state. One good example is the statute of limitations; although its typical length is two years in most states. Also in New York and Massachusetts, wrongful death cases are treated differently.
If you believe that you or a loved one has been injured by medical negligence, contact a medical attorney right a way. You may have a legal right to receive medical compensation for medical costs, treatment of injury, lost wages and jobs, physical pain and suffering and emotional and mental distress.
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