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Medical Malpractice Attorneys

Important Factors to Consider Before You Claim Compensation for Medical Malpractice

You need the assistance of medical malpractice attorneys if you want to initiate legal steps against a healthcare provider to get compensation for the damage suffered. The damage must be related to injuries sustained as the result of medical practice by the healthcare professional.

The first step that the medical malpractice attorneys will take is to assess the merits of your case. They will request the relevant medical records and based on the information provided will be able to determine the potential of a successful lawsuit against the practitioner. They will, if you decide to proceed with the legal steps, send a letter of demand to the healthcare provider.

The response of the healthcare provider will determine whether or not the process of litigation will commence. Should the healthcare provider decide to meet the demands and settle out of court, then the medical malpractice attorneys will set up the meeting and negotiate the terms and conditions. Should no settlement be reached, you may need to testify and the testimonies of medical experts may be needed.

A judge will decide whether the actions or lack thereof by the healthcare provider constitutes medical malpractice and the damages to be paid by the defendant. The amount to be awarded will be determined based on medical expenses, loss of income, the extent of the injury, and loss of life amenities. The judge may also rule that the defendant must pay the legal costs.

As the attorneys will explain, not all medical malpractice claims are successful in getting compensation. It is essential to understand what can hinder the success of your claim and to avoid such actions. Your attorneys may also be able to prove that your actions or even your previous medical history contributed to the injuries. It is thus imperative to be honest with your attorneys right from the start.

Though the film industry depicts such cases as rather glamorous with millions to be awarded in damages, the truth is that litigation is expensive and can be a lengthy process. The amounts to be paid are in direct relation to past and future medical expenses, past and future loss of earnings, loss of life amenities, and pain and suffering experienced.

It is furthermore important to understand that the right person or institution must be held accountable for the medical malpractice. There must have been a doctor-patient relationship and the caregiver must have been responsible for the medical treatment. In addition, the actions or the lack thereof by the caregiver must have caused the injuries.

Hospital staff, for instance, may have done their best at a reasonable level of care to ensure correct treatment, but the lack of working equipment hindered them in providing the correct care. The question is whether the staff, the hospital administration, the medical company that owns the hospital, or the manufacturer of the equipment should be held responsible for the injuries suffered. Here too the medical malpractice attorneys can help to determine against whom you should initiate legal steps.

If you believe that you have suffered substantial injury and financial loss as the result of the actions or lack thereof by a healthcare provider, we suggest that you first begin by seeking professional legal guidance from experienced medical attorneys. At Adele van der Walt Incorporated, our team of attorneys specialising in the field of medical negligence will be able to assist you.


Information in this article is not intended as legal advice and is only for informational purposes. Please seek legal guidance from Adele van der Walt before relying on this information to make any legal decisions.

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