Medical malpractice is a category of personal injury law. A personal injury occurs when the actions or negligence of another causes injury to your person, property, reputation or rights. You wouldn't have sustained the injury if it hadn't been for the action or negligence of the other party. An injury is defined as a wrong or damages. This situation obviously applies to medical malpractice.
When medical personnel commit a wrong that results in injury to the patient and that patient sustains an injury, the patient may have the right to seek damages. Whether it is a wrong diagnosis that has resulted in injury, a wrong medication prescribed or given accidentally, a wrong action that results in injury, whatever, the patient may have the right to sue for damages. It doesn't matter if the act that caused the injury is malicious or accidental. The action happened and the patient sustained injury as a result of the action.
The amount of damages is related to the amount of injury. If you think you are in this situation, then you should see an attorney as soon as possible. The sooner you seek legal advice the better.
Finding an attorney is not always easy. You can ask friends, relative and colleagues if they know of any attorneys. You can call the local bar and ask for a referral. You can also look in the phonebook or online for a law firm. When you see the attorney bring whatever material they request you to bring. Tell them all of the relevant facts and details. The law firm will evaluate the situation and tell you if they think you have a cause of action. The attorney will tell you if he wants to handle the case. He may refer you to another attorney at his law firm or at another law firm, depending on the circumstances. Some attorney's specialize in medical malpractice cases and others specialize in certain kinds of medical malpractice cases. If your case is serious enough, you may want to retain the services of this kind of specialist.
Make sure the attorney you retain is someone you can work with. If there is a personality conflict then you probably won't be able to work with the individual and you don't want to retain him. Discuss his qualifications and fee and what the protocol is in medical malpractice cases. Don't be afraid to ask questions. If you can't ask questions and receive answers, then you are in the wrong place.
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