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Medical Malpractice may occur when a health care provider – including doctors, hospitals, nurses, dentists, chiropractor, laboratories – doesn’t live up to accepted standards of care and causes injury to someone. This can happen in a variety of ways, including:
- Surgical Errors
- Foreign Objects Left in the Body
- Birth Trauma / Cerebral Palsy
- Misdiagnosis or Failure To Diagnose An Illness or Injury
- Medication Errors
- Emergency Room Errors
- Nursing Home Abuse and Neglect: including medical malpractice and careless treatment leading to broken bones, malnutrition, dehydration, bedsores. Also including failure to supervise and physical or sexual assaults by other residents or staff.
Persons injured through Medical Malpractice may recover for their medical bills, lost earnings, pain, suffering and disability. Future costs of care may also be recovered. Sometimes family members have a right to bring a claim along with the injured person.
Because of changes in the law, Medical Malpractice claims have very strict time limits and procedural restrictions. Generally, there is a three-year time limit from the date of the negligent act within which a Medical Malpractice case must be brought. There are important exceptions to that general rule, including for children, incompetents, governmental defendants and under other circumstances including un-discovered injuries. Some of those exceptions give less time to bring a claim, and some provide more. Therefore, it is very important that anyone considering a Medical Malpractice case contact an attorney sooner rather than later. Many attorneys will not consider a case with less than 6 months before the expiration of the time limit.
Medical Malpractice cases are generally taken on a contingency-fee basis. That means the attorney will be paid a percentage of the eventual recovery, plus their costs. Medical Malpractice cases are very expensive, and some attorneys require their clients to pay a portion of the costs of the case, even if a contingency fee agreement is reached. Be sure to ask your attorney what his or her fee agreement requires.
Very few Medical Malpractice cases are resolved through settlement. Most are litigated in court. Therefore, it is crucial to consult with an experienced attorney as soon as possible to evaluate your claim. Our friendly and professional staff can assist you in finding an experienced Medical Malpractice attorney to consult with regarding your case. Our attorneys have the experience and dedication necessary to assist you with you legal needs, and understand the complexities of Medical Malpractice cases. Please call us at (414) 274-6768 or submit your case any time using our online form.
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