The Basics Of Malpractice Law

Answer 1

Malpractice lawsuits are becoming more common, as consumers are seeing more errors in surgeries, drugs and other treatments administered by health and medical professionals. Every medical professional that is allowed to perform treatments or procedures on a person must carry a specific minimum amount of malpractice insurance, giving consumers who are wronged the ability to recover for damages. Finding an attorney who specializes in malpractice is not difficult, they are found in nearly every city and state. Many people believe that legal fees in these cases are enormous and not affordable, therefore they do not seek compensation. Most attorneys today who specialize in malpractice work on a contingency basis. This means that they will only charge their client if they are able to recover money in the lawsuit. The money paid to the attorney is usually a percentage less than 45%. Since most attorneys know they are able to recover due to malpractice insurance, this is a fairly sure win for them.

The 45% or less gleaned by the attorney may seem to be a large amount, but many times attorneys spend countless hours on these cases and must work hard to ensure they recover money. Patients who have been wronged should always seek compensation. Even if immediate problems are not seen from malpractice, in the future the patient may need money for unseen expenses or issues that may arise. For this reason, it is important to hire a malpractice attorney. Patients who try to recover claims against doctors' insurance policies on their own will find it to be a long and fruitless process. Malpractice suits can be considered torts by the health or medical professional. A tort is an act that causes harm to another person. These types of offenses are considered very serious in the eyes of the law. Tort law is very complicated and requires the knowledge of a professional to understand and recover money in a timely manner. While the percentage taken by the attorney is a considerable amount, the client would likely not see nearly as much as their percentage if they took matters on themselves. Attorneys know the many different charges they can seek as damages, meaning the amount of recovered compensation will be the maximum possible for the client. With medical costs rising and the cost of fixing a malpractice result being expensive, wronged clients will need the maximum amount they are allowed.