When you or a loved one has been injured or killed due to the negligence of a medical professional, it is important to know your legal rights and options. You may be able to file a medical malpractice or wrongful death lawsuit against the responsible party. However, these cases can be complex, so it is important to choose an experienced lawyer who
What Is Medical Malpractice
Medical malpractice is a type of negligence claim that can be brought against a healthcare provider, such as a doctor, nurse, hospital, or another medical facility. To succeed in a medical malpractice claim, you must be able to show that the healthcare provider breached the standard of care owed to you and that this breach resulted in your injuries.
What Is Wrongful Death
A wrongful death claim is a type of civil lawsuit that can be brought against a person or entity that has caused the death of another person through their negligence or intentional actions. Unlike a medical malpractice claim, which is brought by the injured party or their family, a wrongful death claim is brought by the estate of the deceased person.
The Differences Between Medical Malpractice And Wrongful Death Lawyers
There are some key differences between medical malpractice and wrongful death lawyers that you should be aware of before choosing one to represent you.
- Medical malpractice lawyers typically have more experience and expertise in handling these types of cases than wrongful death lawyers.
- Medical malpractice cases are usually much more complex and require a higher level of proof than wrongful death cases.
- Medical malpractice cases often involve very high stakes, so it is important to choose a lawyer who has the resources and experience to handle your case.
How To Choose The Right Lawyer For Your Needs
When choosing a lawyer to represent you in medical malpractice or wrongful death case, it is important to choose someone who has experience handling these types of cases and who you feel comfortable with. You should also make sure that the lawyer you choose has the resources and expertise to handle your case.
If you or a loved one has been injured or killed due to the negligence of a medical professional, contact an experienced medical malpractice or wrongful death attorney of Atlanta today to discuss your legal options.
When Should You Contact A Medical Malpractice Lawyer Vs Wrongful Death Lawyer
You should contact a medical malpractice lawyer if you or a loved one has been injured due to the negligence of a healthcare provider.
You should contact a wrongful death lawyer if your loved one has died due to the negligence or intentional actions of another person or entity.
What Is Comparative Negligence Law And How It Is Related To Medical Malpractice & Wrongful Death
Comparative negligence is a legal doctrine that allows a court to apportion damages between two or more parties who are found to be at fault for an injury.
In a medical malpractice case, if the court finds that the patient was partially at fault for their injuries, they may reduce the number of damages that the healthcare provider would otherwise be liable for.
In a wrongful death case, if the court finds that the deceased person was partially at fault for their death, the damages recoverable by the estate may be reduced.
Comparative negligence law is complex and can vary from state to state. It is important to discuss this doctrine with your lawyer to see how it may impact your case. Contact The Mabra Law Firm on comparative negligence law for further clarifications.
What Are The Time Limits For Filing A Medical Malpractice Claim Or Wrongful Death Lawsuit?
The statute of limitations is the deadline for filing a lawsuit. In most states, the statute of limitations for medical malpractice claims is two years from the date of the injury.
For wrongful death claims, the deadline is usually two years from the date of death. However, there may be exceptions to these deadlines, so it is important to discuss your case with an experienced lawyer as soon as possible.
What Are The Differences Between A Settlement And A Trial?
Most medical malpractice and wrongful death cases are settled out of court. This means that the parties reach an agreement on the number of damages to be paid without going to trial.
Settling a case can save time and money, but it may not be possible to reach a settlement that is fair to you. If you do not feel like you are getting a fair settlement offer, you may want to take your case to trial.
A trial is when a case is decided by a judge or jury. If you go to trial, you will have the opportunity to present evidence and testify about what happened. The judge or jury will then decide whether the healthcare provider was negligent and whether you are entitled to damages.
What Is The First Step In Filing A Medical Malpractice Claim Or Wrongful Death Lawsuit?
The first step in filing a medical malpractice claim or wrongful death lawsuit is to find an experienced lawyer who handles these types of cases.
Your lawyer will review your case and help you determine whether you have a valid claim. If you do have a valid claim, your lawyer will help you navigate the legal process and fight for the compensation you deserve.
Contacting The Mabra Law Firm lawyers as soon as possible is important because there may be deadlines for filing your claim.
What Are Some Common Types Of Damages That May Be Available In A Medical Malpractice Or Wrongful Death Claim?
Some common types of damage that may be available in medical malpractice or wrongful death claim include:
• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Loss of companionship or consortium
What Are Punitive Damages And When Are They Available?
Punitive damages are designed to punish the healthcare provider for their negligence and to deter future misconduct.
Punitive damages are not available in all medical malpractice or wrongful death cases. In most cases, they are only available if the court finds that the healthcare provider’s conduct was particularly egregious.
If you think you may be entitled to punitive damages, you should discuss your case with a lawyer.
Contact A Medical Malpractice Or Wrongful Death Lawyer In Atlanta
If you or a loved one has been injured by a healthcare provider’s negligence, you may be entitled to compensation.
Experienced medical malpractice or wrongful death lawyer can review your case and help you understand your legal options. Contact The Mabra Law Firm today to get started on your case. They are experienced and dedicated to helping their clients get the compensation they deserve.