Medical malpractice is treatment given by a professional health care provider that is substandard or negligent. This treatment that violates normal medical practices can be either because of an act or by omission. This negligence must cause death or grave injury to the patient. In most cases of medical malpractice medical error is involved.
Medical malpractice legal cases can pertain to any kind of medical specialization or treatment. It relates to doctors, nurses and technicians and can be found in delivery rooms, in operating theaters and in bedside care. Consumers should understand the different kinds of medical malpractice to know if they should approach an attorney.
For a successful legal pursuance of medical malpractice there are four elements of the tort of negligence that must be established by the plaintiff or patient.
• The hospital or health care provider had a legal duty to provide treatment or care for the patient
• The provider failed to give the expected standard of care
• This failure caused an injury or death to the patient
• Damages must be established as caused by the injury received which are either pecuniary or emotional for the basis of a claim
Research conducted by the American Medical Association states that over two hundred thousand people die from medical malpractice every year and many more have debilitating injuries. Many people do not pursue their legal rights because they believe that medical malpractice is difficult to prove. This is not necessarily the case, and each situation is unique, so one person’s experience should not be compared to another’s. The first consultation with a medical malpractice lawyer is usually free and worth taking the time to examine a possible claim.
To pursue an issue of medical malpractice, an attorney that specializes in this area is the best course to take. A Georgia medical malpractice lawyer will have the experience and knowledge to get the correct data to succeed in this type of case. During the first consultation with an attorney, they will gather as much information as they can about the case and make a decision if the case is worth arguing in front of a jury. Only if they believe they can argue a case successfully will they take the case.
When meeting a Georgia medical malpractice lawyer there are some questions the patient can ask to help them feel comfortable:
• How long has the lawyer been a medical malpractice attorney?
• Has the lawyer ever won a similar type of case?
• Does the lawyer belong to any law associations?
• Is the initial consultation free?
• Will the lawyer explain your legal options and the legal process?
• Does the lawyer usually represent plaintiffs or defendants?
• Has the lawyer published any articles or books and do they teach or lecture in any institution?
Successful medical malpractice claims can involve a lot of money. For this reason it is important to contact the medical malpractice attorneys at Hertz Law by contacting www.hertz-law.com. Where an experience an expert team can bring your claim to a successful conclusion today!
DISCLAIMER: The above article is provided for information purposes only and is not intended to be, nor should it be considered, legal advice. Legal advice can only be given by a licensed attorney in your jurisdiction following a individualized consultation. If you are seeking legal advice, please contact an attorney in your area.