Medical malpractice law is a sub-division of personal injury law governed by similar principles, based on negligence but with its own unique protocols. There are tens of thousands of wrongful deaths every year in the USA caused by medical negligence in addition to hundreds of thousands of serious injuries caused by clinical errors however only a very small percentage result in legal action for damages, according to If you have been injured as a result of negligence whilst being treated at a hospital or clinic in the USA, most attorneys offer free advice without further obligation including advise on liability and will estimate the amount of compensation that you may expect to receive in the event of a successful outcome. You do not have to fund or finance your potential claim in any respect. If you fail in your claim and don’t get paid, neither will your medical malpractice lawyer. There are time limits and you should take professional legal advice from a medical malpractice lawyer or attorney as soon as possible after the event that caused your injury.

Proof of Negligence

To succeed in a medical malpractice compensation claim it is necessary to prove that the injury was caused by negligent treatment on the balance of probabilities which means that it must be shown that it is more likely than not that physical damage was caused by medical malpractice. A healthcare professional is expected to achieve a reasonable standard of care failing which that person may have been negligent. The test for what is a reasonable standard of care is determined by comparing the failed treatment with that offered by a competent healthcare practitioner treating a patient with a similar illness in a similar location. It is also necessary for your attorney to show that the injury is a direct result of the negligent treatment which may be difficult as the patient was ill before the treatment started. This is usually achieved by expert testimony. It is usually necessary to show the natural progression of the underlying condition and what the outcome would have been if the treatment had not been negligent thereby establishing what difference the negligent treatment has made. The mere fact that treatment fails whereas alternative treatment may have succeeded does not necessarily imply medical malpractice

Medical Malpractice Lawyer

Most good medical malpractice lawyers are members of the American Association for Justice formerly known as the Association of Trial Lawyers of America who usually have a track record of many years’ successful verdicts and settlements. They are entirely client focused, and will be very attentive to your needs. Of course, everything you disclose to them will be entirely confidential, and they will ensure all issues relating to legal matters are explained to you, so you have a full understanding of the process.