When a doctor fails in his duty to provide adequate medical care to a patient and the latter suffers injury or illness thereafter for which he has to spend a substantial amount of money, a medical malpractice is supposed to have taken place. Medical malpractice may be caused by any person involved in health care, for example-physician, pediatrician, microbiologist, toxicologist, technicians, nursing staff and even hospital workers.
A lawyer who deals with cases of malpractice, one who is well versed in medical law and hospital systems is called a medical malpractice lawyer. He fights for the legal rights of the person who has been medically wronged. Even if the patient has signed a consent form, giving approval for treatment or surgery, the doctor cannot be relieved from the responsibility of inadequate care meted out to the patient.
Health care providers and nursing homes are strictly bound by medical laws. Any deviation from the conformed standards of care would make them liable for heavy lawsuits. Even verbal abuse is not permitted. In case any physical injury is inflicted, then the victim is entitled to permanent damages known as recovery. However failure of a medical practitioner to cure a person's illness cannot be brought before the court. Only in cases of misdiagnosis due to negligence in conducting certain tests or administering illegal drugs etc can a malpractice lawyer present a valid case. Most hospitals are covered by insurance against malpractice cases due to the heavy nature of the claims made.
Medical malpractice lawyer can devote their profession to cases related to any one branch of medicine. For example, he can deal solely with gynecological or anesthesia negligence. Such specialization is only going to rake in more income. His charges can run into 6 and 7 figures. He usually claims his compensation at the end of the case which would be a percentage of the amount recovered from the client. Usually a 1/3 percentage is claimed deducting court fees and other charges incurred during the case. Thus he works on a contingency-fee basis. Another option is to employ him on a retainer fee basis.
If the medical malpractice lawyer is part of a large firm comprising a team of attorneys, then his compensation would be in terms of the number of billable hours put forth by him. This refers o the amount of time he spends on representing the firm's clients.
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