| It is necessary to consider several factors when | | | | dramatically different effect on a person's earning |
| deciding if a malpractice case is worth pursuing: | | | | potential and quality of life. Therefore, a |
| liability, damages, and party responsible for paying | | | | professional harpist who loses a hand is likely to |
| the damages. | | | | be awarded greater damages than an opera |
| In order to show that a party is legally responsible | | | | singer. Good lawyers should be able to assess the |
| for damages and hence liable, negligence must be | | | | circumstances to provide clients with estimated |
| proven. There are many cases where patients | | | | awards based on past cases. |
| have poor outcomes, and the doctor was not | | | | In order for a case to be worthy of court, the |
| negligent. All medical procedures carry great risks. | | | | damages must be extensive. Easily 50,000 can be |
| However, there is a certain standard of care that | | | | spent preparing for court, so if the outcome is |
| the health care system is expected to maintain. | | | | not expected to be significant, it is not cost |
| Negligence can occur at various times. Whether it | | | | effective to file a case. There are other fees |
| is a misdiagnoses, failure to treat, or a medication | | | | besides attorneys which will need to be paid as |
| wrongly administered, all of these issues may be | | | | well and considered. For instance, expert |
| attributed to malpractice. In addition, doctors are | | | | witnesses typically charge a couple thousand |
| required to inform patients of the risks of a | | | | dollars an hour for their reviews. |
| procedure and any alternatives available. Once | | | | A malpractice case is very rarely settled. |
| negligence has been established one must continue | | | | Therefore, due to the length of a trial, it is an |
| to prove that the negligence caused the injury or | | | | expensive type of case. It is important to make |
| worsened conditions. | | | | sure the person being sued has resources to pay |
| The damages one can be awarded cover medical | | | | for damages. In general, doctors, hospitals, and |
| bills, lost wages, and suffering. Every situation is | | | | clinics are insured. However, there are times when |
| different when determining damages. Even though | | | | the liable party may not have sufficient funds to |
| the same injury may be sustained, it could have a | | | | cover the damages. |