Medical Negligence No Win No Fee

Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. A doctor would be liable for (depending on the circumstances) such things as prescribing experimental drugs and performing cosmetic surgery.

To make a claim for allegations of medical negligence and suing a doctor for negligence can be quite complicated. Most medical malpractice lawsuits include claims that that the doctor or other health care provider committed the tort of negligence. Thus, medical malpractice claims are similar to ordinary negligence in that comparable elements apply to the cause of action. In recent years suing health care providers for medical negligence is much more complex than bringing other types of tort lawsuits. It is advisable to search for a lawyer who can offer a medical negligence no win no fee service.

Some constraints that may affect a claim on medical negligence may include; pre-suit screening requirements, restrictions on the time within which a case may be filed, caps on monetary recovery and attorney fees. Some of these so-called constraints were to reduce or curb abuses in filing of frivolous medical malpractice lawsuits.

The plaintiffs, through his or her lawyer, sometimes engage in various types of pre-suit screening to ensure that the plaintiff’s claim is viable. If it seems viable a no-win-no-fee agreement can be entered. Also, there are laws that require the plaintiff’s attorney to conduct an investigation into the plaintiff’s claim and to file an affidavit declaring that there are grounds for a good faith belief that medical negligence was committed. Sometimes it could be mandated that the plaintiff file an affidavit from another health care professional stating that, in his or her professional opinion, malpractice has occurred. This requirement typically means that, prior to filing suit; the plaintiff must hire an expert to review all of the medical records and to reach an expert conclusion about the merits of the case before the case may be filed.

With any claim, the plaintiff has a limited time after the occurrence of the alleged tort in which to file a lawsuit. The statute of limitation begins to run from the time the plaintiff knew or should have known of the alleged malpractice, with the time limit being two years in many jurisdictions. Special rules may also apply to children claiming medical negligence. There could be various types of limitations on the types of personal injury compensation available to plaintiffs in medical malpractice lawsuits. Sometimes a cap is placed on the entire amount the plaintiff may recover or a limit on the amount recoverable for such intangibles as pain and suffering.

Because of the complexities involved in bringing a medical negligence case, one should seek the assistance of experienced medical malpractice lawyers like us, as quickly as possible after discovering that malpractice may have occurred. We guarantee you the best service ever and will do our best to make sure you get the full compensations you deserve. Some may offer a medical negligence no win no fee deal, like we do. However, you must be given a guarantee of service, which we give to all our clients due to our very high success rates.