Medical Malpractice Lawsuit

Written by Patricia Tunstall
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Filing a Medical Malpractice Lawsuit

A medical malpractice lawsuit is part of the umbrella category of personal injury law. One of the most important attributes of such a lawsuit from the layperson's standpoint is that these claims are difficult to file and difficult to win. Generally, because of the expense and complexity involved, lawyers do not take cases unless the injuries are considered severe, or they are permanent.

Needless to say, individuals who are injured might have a different perspective on the urgency of their case even if they are not permanently disabled. Injuries are painful and may limit or preclude work. They can adversely affect a marriage and family life. Even the emotional health of the injured person may decline for all these reasons, and in frustrated reaction to not being able to sue and obtain compensation for the injuries.

Lawsuit Financing by Third Parties

A medical malpractice lawsuit is one of the causes of action that third-party, litigation funding groups are interested in. Precisely because of the extraordinary costs involved, a funding group can be the critical difference in an injured person's life by offering a chance in court. If a person is injured because of a medical professional's negligence, a case may be brought in a medical malpractice lawsuit filed within the time limitations placed on such suits by the state.

Doctors make hundreds of judgments about diagnosis, medical treatment, medications, and specialized referrals every day. By itself, a mistaken judgment is probably not enough for a lawsuit. The doctor must be negligent, or careless, meaning, the doctor's actions do not conform to generally accepted standards of practice. The patient must be harmed by the negligence. Even if these hurdles are overcome, another doctor must look at the case and declare that there is a real basis for the claim. Some doctor must be willing to testify that the original doctor made a mistake. All in all, an injured person has a tough road ahead when contemplating a lawsuit, and any assistance would not only be welcome, but crucial.

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