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Don't Be In The Dark About Our Legal System

Hello, I'm Karla Mitchell. Going through a legal case can be very expensive and challenging. I won't go into details, but I recently underwent my own legal battle that lasted several years. It is finally over and I successfully received a settlement, but I had to spend so much time studying law in order to play my role in my own court case. While I found a great attorney at one point, I felt completely lost initially and I don't want anyone else to experience the same thing. So I decided to create this blog for those who would like to know more about law.


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Don't Be In The Dark About Our Legal System

Medical Malpractice Myths That Victims Often Assume Are True

by Andrew Martin

Being injured while you are attempting to receive medical care can be a devastating experience, and this is particularly true when this is the result of negligence on the part of the doctor or other medical staff. In addition to the physical injuries that you may suffer, these actions may greatly complicate your condition.

Myth: Medical Malpractice Only Refers To Treatments Performed By The Doctor Or Nurses

It is often thought that medical malpractice will only refer to actions that were actually taken by the doctor or other medical staff. However, it is also possible for this type of negligence to extend to actions that the staff failed to take but should have. An example of this can be failing to administer a diagnostic procedure when the patient's symptoms clearly indicate that this procedure would be worth undergoing.

Myth: You Can Sue The Doctor After Accepting The Insurance Offer

After it is learned that the patient was injured while receiving treatment, the insurance may approach the patient in an attempt to settle the matter. This will often involve issuing a check to you for the damages that were suffered. Prior to accepting this agreement, you should closely review its details and receive a professional opinion from an experienced malpractice attorney. Once you accept this settlement offer, you will be unable to take further action against the party that the insurance represents.

Myth: There Are Never Limits To The Damages You Can Recover

It is often thought that there will be no limit to the amount of compensation that a victim can receive in their medical malpractice case. Often, individuals will imagine receiving large verdicts for emotional damages. However, it is common for states to have laws in place that cap emotional damages and certain other classes of compensation. Luckily, this will not typically apply to losses that can be directly traced to the medical malpractice, such as secondary treatments or lost wages.

Myth: It Is Almost Impossible To Prove Medical Malpractice Occurred

There are some people that will fail to consider the prospects of pursuing a medical malpractice case because of the assumption that these cases can be almost impossible to win. Luckily, there are a number of strategies that can be used to by your attorney to establish that the doctor behaved in a negligent manner. One common approach is to retain medical experts to testify as to the appropriate way that the doctor or medical staff should have responded to the situation.

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