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Winning a Medical Malpractice Lawsuit

In order to win a medical malpractice case, an attorney must prove that there was an injury, that medical malpractice caused the injury, and that damages resulted from the injury. The injury itself must be one that the doctor or hospital had a duty to protect against. That is not usually a problem in medical malpractice cases.

Learn More About Medical Malpractice and Negligence


We hear a lot these days about medical malpractice, about how the high cost of medical malpractice insurance discourages doctors, about tort reform, and about the occasional multi million dollar verdict in a lawsuit.  The reality is that medical malpractice lawsuits are expensive to prosecute, very time consuming for both the patient and the lawyer, and very hard to win.  For these reasons, good medical malpractice lawyers take only a few of the many cases they review, and only when the injury is severe and the damages are high enough to cover the costs, the fees, and to leave substantial financial benefits for the patient. 

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The tragic events of 9/11 have diverted attention from the public debate in Washington about a national patients' bill of rights. The idea behind such legislation is that patients should have the right to sue their HMO or managed care insurer for money damages if their coverage is wrongfully denied, treatment is delayed or withheld, and their health is seriously damaged as a result. This kind of legislation is generally supported by patients, trial lawyers, and consumer advocates. It is opposed by advocates of tort reform, big business, and the insurance industry.  

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Martin L. Bell, M.D., J.D

7702 East Doubletree Ranch Road, Suite 300

Scottsdale , AZ , 85258 USA


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