HOME Health & Disease A to Z Plastic Surgery Medical Dictionary Brain Facts How 1 to 10
Health & Disease A to ZPlastic Surgery Medical DictionaryHow 1 to 10
This is truly a specialized field within the area of personal injury law. These claims generally involve claims against doctors, dentists and other health care providers who cause an injury to an individual due to the exercise of treatment or advise which falls below the normal or accepted level of care for that particular field of professional expertise. Thus it becomes absolutely necessary to find an attorney who not only understands the law in this area but also has some medical knowledge and can understand the medical terminology and standards involved. It is also almost always certain that you will need a medical doctor to review your claim and provide testimony if necessary to establish that the offending medical professional did not exercise the usual standard of care as practiced by other professionals within your community. In fact some states require that you have this independent medical opinion before you can actually institute a law suit.
The very first step in this matter is to consult with an attorney who has extensive expertise and experience in this area. The entire and complete medical file regarding your treatment must be gathered and examined. Your medical file together with your attorney's rendition of the facts is usually then given to an independent medical professional for an opinion as to whether or not a malpractice claim is established. These are extremely complex cases which normally require many, many hours of legal work. The underlying basis for a medical malpractice claim is that you sustain an injury as a result of a health care provider whose treatment and/or advise falls below the usual standard of medical care as practiced within your local medical community. In a great deal of cases it seems obvious that the advice or treatment rendered was inadequate, however it is always difficult to establish that the advice or treatment actually caused the resulting injury.
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