If you have been injured due to medical negligence in Portsmouth, finding an experienced personal injury lawyer to represent your case is important. Malpractice from a medical professional might exemplify everything from a misdiagnosis or failure to diagnose a condition to surgical mistakes, birth injuries, as well as medication discrepancies. In any of these circumstances, you may qualify to recover financial compensation.
Our medical malpractice lawyer near Portsmouth can help you build a solid case around your claim and represent you in court if necessary. The Pendleton Law team will also help you understand your legal rights and seek the best possible compensation for your injuries. With our extensive knowledge of Portsmouth medical malpractice law, fair compensation awaits you.
Justice For Victims of Medical Errors
Research from Johns Hopkins Medicine indicated that medical errors are the third-leading cause of death in the United States. Thousands of people experience physical injury as a result of medical misconduct, in addition to wrongful deaths. Unfortunately, these kinds of mishaps can be avoided.
You are entitled to a just payment if you or a loved one suffered injuries while a patient. You may comprehend your patient rights, hold accountable those responsible, and obtain just compensation for your injuries with the aid of our medical malpractice attorneys near Portsmouth, VA.
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Medical Malpractice Qualification Checklist
If you believe that you or a loved one may be the victim of medical malpractice, it is important to research your legal options and review a medical malpractice qualification checklist.
Establishing Negligence in a Medical Negligence Case
The following are generally needed to move forward with filing a successful medical malpractice lawsuit:
- Doctor-Patient relationship: You must have formally established a doctor-patient connection with the accused healthcare provider by seeking and receiving medical care from them.
- Duty of care: The medical professional is responsible for taking good care of their patients. They are responsible for treating patients in a way that complies with the acknowledged standard of care because of the established doctor-patient relationship.
- Standard of care: It must be proven that the medical professional or staff member violated the standard of care. To do this, their conduct will be tested against what a credibly competent healthcare practitioner in the same field would have done in the same situation.
- Negligence: To establish negligence in the delivery of medical care, it must be shown that the healthcare worker’s actions or omissions fell below the standard of care.
- Causation: It must be demonstrated that you were harmed or injured as a direct result of your healthcare professional’s negligence. We can hire a medical specialist to provide testimony to prove a causal connection between negligence and damage.
- Damages: As a result of your medical professional’s negligence, you must have proof of loss or damages. Physical suffering, emotional suffering, increased medical costs, missed wages, or other quantifiable losses may be included.
Evidence Checklist for Medical Malpractice Claim
The compiled list below will help you ensure that you have sufficient evidence to support your claim and can maximize the chances of receiving fair compensation for any injuries suffered.
- Medical documentation: This consists of a full diagnosis of your medical condition, a treatment plan, prescription medicines, and any testing or surgeries performed.
- Receipts: Invoices from hospital stays, testing facilities, pharmacy receipts, or any additional proof of purchase for anything related to your medical malpractice case.
- Proof of lost income: This includes pay stubs, tax returns, W2s, or letters from your employer stating a reduction in hours and/or benefits.
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What to Expect in a Medical Malpractice Settlement Package
You can normally anticipate finding a number of components in a medical malpractice compensation package. Through the persistent work of your Portsmouth medical malpractice attorney, your package may include:
The settlement agreement will specify how much money the at-fault party (usually the healthcare provider or their insurance provider) will give you. This compensation is meant to make up for a variety of losses, including future medical expenses, lost wages, pain and suffering, and medical costs in the future.
Release of Liability
You will typically be asked to sign a release of liability in exchange for the mutually agreed-upon compensation. According to this document, you will not take additional legal action against the accountable person in connection with the particular occurrence covered by the settlement.
Non-Disclosure or Confidentiality Agreement
In some circumstances, the settlement package may come with a non-disclosure or confidentiality agreement. Generally, you are not permitted to discuss the terms of the settlement, the medical malpractice incident, or any information relating thereto with anybody other than their close relatives or legal counsel.
Legal Fees and Costs
The settlement package may include provisions for the payment of your malpractice-related expenses and legal fees. It may specify that the liable party will pay these expenses out of pocket or subtract them from the settlement sum.
Extra Terms and Conditions
The settlement package may contain extra terms and conditions, depending on the particular facts of the case. These may cover clauses relating to dispute settlement, tax ramifications, or any other pertinent details particular to the case.
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Hiring an Experienced Medical Malpractice Firm Near Portsmouth, VA
The Pendleton Law Team, also known as the “Heavy Hitters®,” has received national recognition in legal journals and US News & World Report for their advocacy for personal injury victims. Our reputation is preceded by years of experience and a vast array of legal knowledge in cases like yours.
Contact our medical malpractice attorneys, who have served Portsmouth, VA, and the surrounding areas since 2011. We will make unrelenting efforts to see that you are fairly compensated for any losses brought on by medical negligence. Our consultation is free and if for whatever reason, we are unable to win your case, you will owe us nothing for legal services.
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