A Medical Malpractice
Attorney Can Provide
Medical Malpractice occurs when a health care professional breaches his legal duty to a patient which results in injury to the patient.
Medical Malpractice cases can be very complicated, time consuming, and expensive, but a medical malpractice attorney can streamline the process and provide you with peace of mind. Injured victims are often facing extreme difficulty in recovery, and can be overwhelmed by also trying to resolve acclaim. Additionally, victims in medical malpractice cases often do not have the legal and medical knowledge necessary to successfully resolve a medical malpractice claim.
Like tort claim based on negligence, the elements for a medical malpractice claim require that:
There is a legal duty of care owed to the Plaintiff;
There is a breach of the legal duty;
There are injuries to the patient;
The breach of legal duty caused the injuries.
If all of these elements can be met, then there is a claim for medical malpractice.
Different standards of care are applied in medical malpractice when determining if there is a breach of duty. These standards are applied based upon the type of physician(s) involved. For example, specialists are held to the standard of care required by all physicians in their specialty. Non-specialist physicians however are held to the “local rule” which is essentially a question of what is reasonable for in their community.
How We can Help
We find knowledgeable experts to assist in our medical malpractice claims. These experts and consultants are used to assist our attorneys in defining the legal duties owed by the defendant physical and whether there was a breach of the duty. They also may be retained to prepare a Certificate of Review and/or and expert report, and if necessary to testify on the Plaintiff’s behalf at depositions and/or trial.
The attorneys at Vigil & Alford, PLLC are also experienced litigators, and they know how to counter and/or prevent foreseeable defenses raised by the tortfeasor, which can include comparative negligence, designation of non-parties at fault, improper or untimely Certificate of Review, Government immunity, and statute of limitations.
Vigil & Alford, PLLC also will fully evaluate your medical malpractice claim to determine if there are any other claims which may be raised. For example, medical malpractice claims often are accompanied by claims for negligence based on lack of informed consent, negligent misrepresentation resulting in physical harm, and even in certain circumstances assault and battery.
If you think you may have a clam, you should contact an attorney at Vigil & Alford, PLLC immediately for a free initial consultation.