Medical Malpractice Litigation

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If surgical errors, failure to diagnose, or some other form of medical negligence occurs during your care under the supervision of a healthcare professional, you may wish to pursue your right to damage claims through a medical malpractice lawsuit.  In a medical malpractice lawsuit, a patient, otherwise known as a plaintiff, will allege that they suffered some form of damages, whether medical, financial, or emotional, at the hands of a medical professional who was performing in a negligent manner that caused the damages to occur.  In almost all cases, patients elect to have a medical malpractice attorney represent their interests in these claims, which may stem from numerous events of medical negligence, including:

  • Surgical errors
  • Failure to diagnose
  • Prescription drug errors
  • Hospital acquired infections
  • Misdiagnosis

Damage Awards in Medical Malpractice Cases

Other forms of negligence damage awards can include punitive awards placed against medical professionals or healthcare organizations operating in egregiously hazardous or reckless manners, which endangered or ended the life of a patient.  Typically, a medical malpractice claim is initiated by filing suit against named defendants, and pending the specifics of each case, will continue its way through the civil courts.  In the vast majority of cases, however, the plaintiff and named defendants will settle outside of court through medical malpractice litigation.  Oftentimes, this occurs following the discovery period in a given litigation proceeding, where both sides are able to accurately evaluate both evidence for and against each side.  Following some motions to dismiss or include certain items, both parties to the case can ascertain whether or not it is in their best interest to settle the case, or to proceed to trial. 

How Medical Malpractice Attorneys Can Help

Typically, even the settlement phase requires significant negotiations between your attorney and the attorneys representing the interests of the defendants, which may include large corporate healthcare giants with large resources to devote to legal matters.  For this reason, having a competent and experience legal advisor in any medical malpractice case is essential.