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You can sue any licensed medical provider that caused you harm due to a medical error. This can include a doctor, nurse, technician, and other medical professionals.
In many cases, there are multiple people who committed medical malpractice. For example, a patient may die in surgery due to negligence by both a surgeon and anesthesiologist. In that situation, you would file medical malpractice claims against both physicians.
The phrase “standard of care” refers to the required medical treatment that should be provided to a patient under the circumstances. This is determined by the factors surrounding any treatment or diagnosis and then measured against what a competent physician would do under the same or similar circumstances. In most malpractice lawsuits, the parties disagree on whether or not the defendants breached, or violated, the standard of care for the plaintiff in the lawsuit.
There are no guidelines or schedules that set how much money a medical malpractice case is worth. Every case depends on its own unique circumstances and the harm suffered by the patient. In addition, the financial losses, like medical bills and lost wages, are never the same in two cases. As a result, each case is weighed on its own merits to determine the fair amount of a settlement.
On rare occasions, another doctor will be honest and tell you if you were the victim of malpractice. Most of the time, the only way to know is by consulting with an experienced medical malpractice lawyer. Your lawyer will get all of your medical records and carefully review them.
Then, your lawyer will consult with a medical specialist to discuss your case. The specialist will review all records and radiology studies to see if a medical error caused you harm. It is the opinion of the medical expert that will let you know if you were the victim of medical malpractice?
Most medical malpractice cases settle before a trial. Quite often, the attorneys and parties will meet with an independent mediator for settlement discussion purposes. Other times, the parties conduct their own settlement talks to reach a fair resolution before going to court for trial.
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