Medical Malpractice
Medical Malpractice is simply another way of calling a medical provider negligent. Attorneys at the Lawyer Referral and Information Service ("LRIS") can be contacted for consultation about injuries which may have been caused by medical providers. Medical providers can be individuals such as nurses, physicians assistants, doctors of any specialty. Medical providers may include health care facilities such as hospital, assisted living facilities, nursing homes, home health care companies.
Attorneys who are members of LRIS and practice medical malpractice law are required to demonstrate the following in a malpractice action:
- The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged injury or wrongful action occurred
- That the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with such standard
- As a proximate result of the defendant's negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred.
Lawyers who are members of LRIS have experience in medical malpractice cases and have the ability to analyze cases for potential clients and, in most cases, are required to consult with a physician or other medical provider that is in the same field as the potential defendant medical provider to obtain an opinion as to whether the acceptable standard of medical care was followed or not. Generally, a medical expert is required of the injured person to demonstrate the medical negligence of the defendant medical provider.
Medical Malpractice cases have time limitations which a potential injured person should be aware. In most cases the statute of limitations is one year from the date of injury. There are cases from time to time that involve foreign objects left in the patient following a surgical procedure. Often, the foreign object is not discovered by the patient for years but when the discovery takes place the injured person must take action within a year following the discovery.
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