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When is there Medical Malpractice?

Medical law, health law concept. Gavel and stethoscope on dark wooden backgound top view.

Medical malpractice can happen in all types of medicine and at any moment during treatment.  Medical malpractice occurs when a patient is harmed by a doctor’s or other health care provider’s actions or negligence.  Medical malpractice lawsuits are extremely stressful to both the victim and the health care provider.

What are the grounds for medical malpractice?

Grounds for a medical malpractice lawsuit occur when a patient suffers an injury that would have not occurred in the absence of negligence (from either a doctor or health care provider).  The patient would have to prove that the negligence caused the injury.  Furthermore, the injury should be significant.  Medical malpractice lawsuits are extremely costly, often requiring hours of various expert testimonies and deposition testimonies.  Thus, pursuing litigation for small injuries may end up costing a patient a lot more than the recovery they could potentially receive.

What is the average settlement for medical malpractice?

Most medical malpractice cases are settled outside of court because medical malpractice litigation is very expensive and time consuming.  Every case is different, so it is difficult to determine what the average settlement amount of your medical malpractice case will be without knowing all the details.  The factors of one case can be vastly different from another.  For example, the extent of one victim’s injuries can require more extensive care and lengthier treatment compared to another victim’s injuries that are not as disastrous.

Should I file a medical malpractice suit?

Making the decision to file a medical malpractice suit can be difficult.  If you are in the position where you think you may have a claim, it is important for you to act before the statute of limitation runs.  Every state has a different time limit for a victim to make their claim and the biggest mistake they can make is waiting too long.  Additionally, understanding whether the doctor, health care provider, or hospital acted negligent and whether or not that can be proven is extremely challenging.  Therefore, it is in your best interest to consult an attorney to deal with the complexity of the legal and medical issues surrounding these types of cases.

Is personal injury the same as medical malpractice?

Personal injury and medical malpractice lawsuits serve to find solutions for a victim whose injury was through no fault of their own.  Personal injury and medical malpractice have items in common, such as, injured parties, tort law, monetary compensation, and non-economic damages.  However, medical malpractice falls as a subset of personal injury.  Medical malpractice cases tend to be much more complex than the average car accident or slip and fall cases.  Additionally, because medical malpractice can be a gray area in many ways, expert witness testimonies may be required.

What is a medical malpractice trust?

Medical malpractice trusts can help doctors and other health care providers deal with the damages that a medical malpractice lawsuit can bring.  These types of trusts can help you prepare for the excruciating reality that comes with a medical malpractice lawsuit.  Preparing for what could happen to save you thousands of dollars.  Consulting an attorney to ensure you prepare adequately is ideal.

EPGD Business Law is located in beautiful Coral Gables, West Palm Beach and historic Washington D.C. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns. Contacting us through our website does not establish an attorney-client relationship.*

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*The following comments are not intended to be treated as legal advice. The answer to your question is limited to the basic facts presented. Additional details may heavily alter our assessment and change the answer provided. For a more thorough review of your question please contact our office for a consultation.
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