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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
MEDICAL MALPRACTICE BASICS
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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here to read complete article
A PATIENT'S BILL OF RIGHTS
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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