Medical Malpractice Process
Medical malpractice refers to any act committed (or any act omitted) by a medical professional (including dentists, nurses, surgeons, doctors, pharmacists, therapists, psychologists, etc.) that does not adhere to a standard level of quality and professionalism comparable to other professionals in the field. In other words, if someone providing some type of health care to you treats you improperly or causes you an injury due to their own negligence, they are likely susceptible to a medical malpractice suit.
Medical malpractice suits are similar to other
personal injury cases in that they involve a plaintiff suing a defendant for some injury. In order for a medical malpractice case to be successful, the plaintiff must prove that the defendant had an intended legal duty of care which was violated and resulted in the plaintiff's injury. Put simply, medical professionals have a responsibility for the safety and treatment of their patients. When they shirk this responsibility, either intentionally or through a careless mistake, they are liable for their patients' injuries.
Like other tort cases, medical malpractice suits begin with discovery, which may include depositions, gathering of documentation, and witness interviews. If the defendant and the plaintiff cannot agree on a settlement during discovery, then the case will go to trial.
Medical malpractice cases frequently include expert witnesses due to the complexity of the material involved. Expert witnesses provide a point of view on the situation from the perspective of an expert in the field surrounding the injury.
Recent
tort reform has made medical malpractice cases more difficult for victims to win. These new laws enforce strict conditions which must be met before a medical professional can be held liable for a victim's injury. If your case is not presented in such a way that these conditions are met, you have virtually no chance of success.
As you can see, medical malpractice cases are very complex. Without a team of legal experts, you may quickly find yourself overwhelmed. Luckily, our medical malpractice attorneys have twenty years of experience helping victims of medical malpractice. Our attorneys are familiar with the changes brought about by the tort reform and we know how to make medical professionals take responsibility for their mistakes. If you are filing a medical malpractice claim, let the
Dallas medical malpractice attorneys at Grossman Law Offices make sure your injuries are fully compensated.
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Questions answered in this article:
What is medical malpractice?