Medical Malpractice attorneys deal with medical malpractice claims. There are two forms of malpractice. Legal malpractice occurs when a lawyer fails to render competent professional service to a client and the client is not paid for damages as a result of the failure. Medical Malpractice occurs when negligence by a medical professional can be proven.

The three major theories of liability are negligence, breach of fiduciary duty, and
breach of contract. To prove legal malpractice, i.e., to establish your lawyer's liability, you must prove that your malpractice attorney owed you a duty to represent you competently, that he or she made a mistake or otherwise breached the duty owed to you, and that your lawyer's mistake harmed you, causing you damages.

Medical Malpractice Attorneys Additionally, you must file your legal malpractice lawsuit within the statutory time period or "statute of limitations" established by State law for legal malpractice claims. This is where you will need a legal malpractice attorney.

Medical Malpractice claims are not always valid with every medical injury and they do not always provide a basis for a medical malpractice law claim. To prove medical malpractice, i.e., to establish your health care provider's liability, you must have expert medical malpractice testimony that no reasonable health care provider would have done what yours did.

Also the medical malpractice attorney must prove your health care provider's negligence was a cause of injury or death. If you establish liability, then you are entitled to medical malpractice damages.

Additionally, you must file your lawsuit with a medical malpractice attorney or a malpractice lawyer within the statutory time period or "statute of limitations" established by medical malpractice law for medical malpractice claims.

Medical malpractice attorneys are required to certify in writing at the time they file a medical malpractice lawsuit in a State court that they have made a reasonable investigation of the case and have come to a good faith belief that there is a reasonable basis to file the claim.

If the judge later determines that the malpractice lawyer did not have a reasonable basis to believe the case was meritorious, the judge may enter sanctions against the medical malpractice attorney, including requiring him or her to personally pay the attorneys' fees of the other side.

The Supreme Courts and the State Bars have adopted a maximum fee schedule that medical malpractice attorneys are permitted to charge in contingency fee cases. Generally speaking, contingency fees may not exceed 40% of the first $1 million, 30% of the amounts recovered between $1 million and $2 million, and 20% of all amounts over $2 million.

If an appeal is filed the fee may rise 5% more. There are other limitations, exceptions, and special circumstances where this may vary. The State Bar has also adopted a Statement of Client's Rights, which must be followed by any medical malpractice attorney handling a case on a contingency fee.

Home :: About :: Contact :: Privacy :: Site Map