MEDICAL MALPRACTICE LAWYERS USA
Negligence
To succeed in a claim for compensation it is necessary for medical malpractice lawyers to show that it is more likely than not that their client has suffered injury which they would not otherwise have suffered but for negligent medical treatment which occurs when a healthcare providers standard of skill or care has fallen below the minimum that the medical profession regards as reasonable. A medical malpractice lawyer can take legal action for compensation for negligence against any healthcare provider which includes not only doctors but also hospitals, clinics, dentists, nurses, medical technicians and any other body that undertakes to provide clinical services to take care of patients sufficient to establish the existence of a legal duty of care.
Proof of Damage
Even if negligence has been proved against a healthcare practitioner there are still a number of hurdles that potential claimants must surmount in order to obtain compensation for personal injury. In addition to proving negligence it is also necessary to show that the harm suffered by the patient was directly attributable to the healthcare provider’s negligent actions. This may be difficult as the patient was ill at the start of the treatment and assessing what part of the ongoing illness was due to the original problem and what part was due to negligent treatment may be a daunting task. Medical malpractice lawyers usually overcome this hurdle by the use of expert evidence to show the natural progression of the underlying condition and what the outcome would have been if non-negligent treatment had been given, thereby establishing what difference the negligent treatment has made.
Informed Consent
Prior to undertaking any treatment a health care professional must obtain the patients ‘informed consent’ which is the patients agreement to allow medical treatment to be rendered based upon full disclosure of all of the facts necessary to make an intelligent decision. It is necessary for advice to be given about what the proposed medical treatment entails, what procedures will be used, whether drugs or surgery will be utilized, what the alternatives are and the potential risks and side effects. Failure to fully inform and advise the patient can mean that a health care professional is liable to pay compensation in circumstances where, if full and proper consent had been given, that person may not have been liable.
Specialist Lawyers
The Law does vary from state to state and this can be an important consideration for medical malpractice lawyers both in relation to the differing statutes of limitation and the variation of strict procedural rules. In addition many states have created special committees to screen clinical negligence claims and some now require claimants to go to arbitration. Some states have placed a maximum limit on the amount of the compensation settlement that an injured patient may recover. To have the best chance of success you need to represented by a specialist medical malpractice lawyer.
AMERICAN ASSOCIATION FOR JUSTICE
Association of Trial Lawyers of America
We can ensure that you to get the best representation by expert medical malpractice lawyers. We ensure that there is no guesswork in the choice of your attorney and that your claim is handled by the best person for the job anywhere in the country. Your claim will be dealt with on a contingency fees basis which means that your lawyer will not get paid unless he achieves settlement on your behalf. Our attorneys have a client centered approach and will focus entirely on your needs ensuring that you receive a complete professional service from lawyers who understand the particular difficulties of dealing with a medical malpractice legal case against doctors and their indemnity insurers. If you would like free advice without obligation from a specialist attorney with a track record of many years successful claims settlements then just complete the contact form and a member of the American Association for Justice, formerly the Association of Trial Lawyers of America will telephone you at the first possible opportunity.
Expert Attorneys
If you have been the victim of clinical negligence choosing the right firm of medical malpractice attorneys can be a difficult and confusing task especially when many of them say they are specialists. All to often law firms claim to be experts in every possible discipline of law even when they have little or no experience in that particular matter. Our medical malpractice attorneys are clinical negligence specialists and they are all members of the American Association for Justice.
Worldwide Memberhip
In 1946 the National Association of Claimants' Compensation Attorneys (NACCA) was formed by a group of personal injury lawyers and in 1972 the name was changed to the Association of Trial Lawyers of America (ATLA) and in 2006 the name was changed again to American Association for Justice (AAJ) to reflect growth and expanded commitments. AAJ is a broad-based, international coalition with tens of thousands of members worldwide including many medical malpractice attorneys which promotes justice and fairness for injured persons, safeguards victims' rights and strengthens the civil justice system through education and disclosure of information critical to public health and safety.
Ongoing Professional Education
The American Association for Justice provides an extensive schedule of education programs for lawyers including medical malpractice attorneys to ensure that clients receive the best legal representation possible. Educational programs include week long courses which assist lawyers to hone courtroom skills and techniques together with two to three day seminars on specialist subjects.
Contemporary Knowledge
All members of AAJ including our medical malpractice attorneys automatically receive the following publications to help keep them up to date with legal developments :
- 'TRIAL' which is a monthly magazine written primarily by trial lawyers that focuses on recent developments in skills training and substantive legal topics.
- 'The Law Reporter' which is published 10 times a year and is a case reference periodical designed to be a research aid for lawyers which contains summaries of recent verdicts, settlements and court opinions.
- 'The AAJ Advocate' which is circulated 10 times a year and reports Association activities, committee actions, upcoming events, and member services
Free Legal Advice
Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.
MEDICAL MALPRACTICE LAW
100,000 Wrongful Deaths
Almost 100,000 wrongful deaths and countless other clinical errors causing serious debilitating injuries occur every year in the US as a result of negligence, however less than 10% of these mistakes will ever be investigated by a specialist medical malpractice lawyer. Consultants, doctors, nurses and hospital technicians usually provide a caring service with a high standard of excellence for their patients however there are occasions when things go wrong and if you or your child have been injured or if you are the dependant of someone who has died as a result of a clinical mistake then you may be entitled to financial compensation. Doctors, hospitals and healthcare providers are usually insured and must pay compensation if a medical malpractice lawyer proves that personal injury was caused by negligence with subsequent loss or damage.
Negligence Law
To succeed in a claim for damages a medical malpractice lawyer must show that it is more likely than not that their client has suffered injury that they would not otherwise have suffered but for erroneous treatment. A doctor is negligent if the level of skill or care has fallen below the minimum standard that the medical profession regards as acceptable. After negligence has been proved it is necessary to show that damage has been caused to a patient as a result of that lack of care and this can be difficult because the patient was already ill at the start of the treatment. It is usually necessary for a medical malpractice lawyer to show the natural progression of the underlying condition and what the outcome would have been if the treatment had not been negligent thereby establishing what difference the improper treatment has made.
STATUTE OF LIMITAION
Time Limits
There are time limits which must be adhered to by a medical malpractice lawyer for a compensation claim to be successful. Most states have a ‘statute of limitation’ which outlines the time restrictions in regards to filing a claim. This effectively means that if a claim is not settled by consent or if an application for a compensation settlement has not been filed in a court of law prior to the expiration of the time limit the opportunity to claim damages may have been lost forever. Individual states limitation periods can vary from 6 months to 4 years dependant on the location of the alleged negligent incident, the identity of the proposed defendant and the status of the claimant or plaintiff. There is a wide diversity of time limits for infants and minors and for those who are mentally incapacitated. Claims for wrongful death often have a separate period which is often shorter than the general limitation period for that particular state. Great care should be taken regarding time limitation and advice about personal injury settlements from a qualified medical malpractice lawyer should always be taken at the first possible opportunity. The purpose of having a statute of limitation is to bring finality and certainty to litigation because witnesses die, memories fade and documentation is often lost over time. Limitation law is in a constant state of flux with frequent applications to higher courts which have often declared limitation statutes to be unconstitutional.
FREE LEGAL ADVICE
Fair Deal
We can help you to exercise your legal rights to obtain the compensation you deserve and we'll ensure that you get a fair deal. Our medical malpractice lawyers are members of the American Association for Justice with a track record of many years successful verdicts and settlements. We will deal with your case using a contingency fee arrangement which means if you don't receive a settlement then your attorney won't get paid.
Comprehensive Service
Every medical malpractice lawyer on our team has a client centred approach and will focus principally on your needs. You can rely on our advocates to take care of your claim in a comprehensive, helpful, sympathetic and professional manner. They will respect your confidentiality at all times and will explain legal issues clearly and without jargon. Your calls will be answered promptly and faxes, e-mails and letters will, where possible be dealt with on the same day as they are received. You will receive a complete professional service from lawyers who specialise in claiming compensation for personal injury caused as a result of clinical negligence.
Telephone Consultation with No Obligation
If you are the innocent victim of a medical mistake then you may be able to recover compensation. For free advice without obligation from a specialist medical malpractice lawyer just complete the contact form and a member of the American Association for Justice will telephone you to discuss your compensation claim without further obligation.