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Malpractice Law Firms

Written by Kathleen Gagne
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Malpractice law firms usually take cases either for victims or defendants, but it is rare to find a firm that will take cases on both sides of the issue. You will find that, while most people think that only doctors are liable in medical malpractice cases, the truth is that therapists, nurses, psychologists, and even dentists may be sued for malpractice. Malpractice firms sometimes offer very specific guidelines on their websites to help persons who suspect they have a case.

Finding Malpractice Law Firms Online

One major advantage of using the Internet to find malpractice law firms is that many of the ones you will find include informational pages to help you understand the process. For example, one of the most important pieces of a medical malpractice lawsuit is whether the doctor or other medical personnel owed a duty to the patient. If a doctor drives by the scene of a car accident, there is no duty owed to the victims; however, if a person makes an appointment with a doctor and the doctor agrees to treat that person, the doctor has indicated that she has the training and skill to care for the patient. The doctor now has a duty to the patient.

There are two elements of malpractice, nonfeasance and malfeasance. In the former, the doctor does nothing to harm the patient but does not help the patient. In the latter, the doctor has done something incorrectly when treating or diagnosing the patient. Typically it is a breach of the Standard of Medical Care when a doctor uses a lower degree of skill than can be reasonably expected by a patient. Malpractice lawyers are required to prove, using evidence and expert testimony, that the doctor did not use the level of care that would be provided by a reasonably competent doctor.

What Makes a Reasonably Competent Doctor?

Generally, in order to be a reasonably competent doctor, the practitioner must keep abreast of and use commonly accepted treatment methods. Commonly accepted methods, and there may be more than one for a particular problem, include those in use by a substantial number of doctors at any given time. Medical malpractice law firms have the responsibility to provide expert witnesses who can advise the court of what such practices are.


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