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In general, malpractice is when
any professional fails to perform their duties in a
manner consistent with the accepted standards of
their profession. Medical malpractice is therefore
when any medical professional fails to provide a
reasonable standard of care as compared to the
standard of care in the community in similar
circumstances.
Most often a client first
considers a medical malpractice lawsuit because of a
negative medical outcome. Because lawyers are not
medical experts, it is often not possible for the
lawyer to determine the cause of the negative
outcome. A medical expert is therefore hired to
perform an initial assessment of the case. This
assessment reviews the records of the case and may
conduct interviews to determine what care was
provided and whether it met an acceptable level of
care. The cost of the initial assessment is the
responsibility of the client.
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If it was found that an acceptable
level of care was not provided in one form or another
then results of that lack of acceptable care is
considered. If the lack of acceptable care resulted in
some sort of loss or injury then a malpractice suit can
be filed.
In most often we file malpractice
suits on a contingency fee basis. Our fee is typically
33% of the amount rewarded. As always, the client may
choose to retain us on an hourly basis instead of a
contingency basis.
If you feel you have been a victim of
medical malpractice please contact a lawyer immediately.
These cases require significant research and
investigation which is more productive when done on a
timely basis. |