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Dealing with a medical error is always difficult. When an injury or other medical condition arises from a mistake or carelessness on the part of a medical professional, it is hard to continue to trust doctors to do their jobs correctly; additionally, the resultant injury or illness can sometimes be fatal to the patient. When a situation like this arises, it is important to hold the medical professional accountable for his or her actions. The way you can do this is by filing a malpractice suit against him or her. By doing so, you can sue the responsible party for damages. While this may not fix the problem, it can ensure that you can pay any residual medical bills and can even compensate for the time and money lost to the treatment of the problem. If you have found yourself in this situation, you probably need to make an appointment with a Charleston medical malpractice lawyer. What Is Malpractice? Medical malpractice is generally defined as an action, inaction, or negligence on the part of a medical professional that results in an injury, illness, or other medical problem that would not otherwise occur. For example, if a coma patient is not moved, massaged, and turned often enough, it can result in nerve damage. This would be considered malpractice because it is an avoidable condition that resulted from negligent medical care. Filing a malpractice suit allows the injured party to receive monetary compensation for the damages incurred; although it is a civil suit instead of a criminal charge, it does hold the medical professionals responsible for their negligence. As long as the negligence can be proven by a preponderance of evidence, compensation can be awarded to the patient or, if the patient is deceased or cannot speak for him or herself, to the victim's family. How Does It Work? When you decide to file a malpractice suit, you must meet with a lawyer. The lawyer will tell you whether or not you have a legitimate case. If you do, it is likely that the lawyer will agree to represent you. After gathering relevant information about your cases, such as official medical documents, any police reports that may have been filed, your medical records, and any available witnesses, you and your lawyer will enter the negotiation phase. Most malpractice cases end this way, as doctors and insurance providers alike are usually anxious to end things as soon as possible. You may be informed of a settlement offer. It is usually wise to accept it, as a trial can be drawn out and malpractice can sometimes be difficult to prove, but if you feel that the settlement is not adequate, you can of course decline the settlement and take your case to trial. What about Payment? Many potential clients worry about how they will pay for a lawyer's representation. After all, with extra medical bills, can you really afford legal fees as well? Fortunately, malpractice and other personal injury lawyers often work on a contingency basis. This means that they do not require payment until the client has received compensation. If you accept a settlement or otherwise win your case, you will either be awarded a lump sum or incremental payments; your Charleston medical malpractice lawyer will take a percentage of this as payment for services rendered. For this reason, malpractice lawyers can be picky about which cases they take, but if your case is legitimate, you should have no problem finding representation. All you need to do is find a good attorney, schedule an intake appointment, and present the information you have. Your case will speak for itself!
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