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Medical
malpractice includes personal injury claims against physicians, hospitals, nurses, nursing homes, dentists, chiropractors, podiatrists, and in some instances managed care organizations like HMO’s.
Medical malpractice is the failure of a health care provider, such as a doctor, to meet the minimum acceptable standard of care or performance under
the circumstances in treating or making medical decisions for a patient. Determining whether there has been a failure to meet the appropriate treatment standard almost always requires an expert in the field, usually
a doctor, to review the medical records and be willing to testify in court that there was a deviation from acceptable care. If the care of more than one person or organization is in question, several expert
witnesses are frequently needed to evaluate and prove the case.
Medical malpractice cases are expensive. Typically it takes from $1,000 to $5,000 for medical records and experts just to find out if there’s a good
case. Pursuing a malpractice case through completion usually requires expenses of $15,000 to $50,000 and sometimes it requires more.
A lawyer who specializes in malpractice claims will usually pay all of these expenses and wont make you repay them, unless the case results in a
settlement or verdict in your favor. A malpractice specialist also knows how to find the expert witness physicians needed to
prove a case, and is willing to take malpractice cases on a contingent basis, usually a fee of 40% of the recovery, if there is one.
It is practically impossible for a person to effectively pursue a medical malpractice case without a lawyer.
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