What You Should Know About Medical Malpractice Damages

You cannot sue the medical professional unless you can prove that he or she was negligent. Negligence is a legal term for a failure to follow normal standards of reasonable care in providing treatment, diagnosis, and preventive services to patients. When negligence occurs due to an error in judgment, which causes unnecessary injury or wrongful death, it is considered professional malpractice.

The damages that a person can recover in a medical malpractice lawsuit vary from state to state, but they often include compensation for past and future medical expenses, lost wages, pain, and suffering, emotional distress, or loss of companionship (for wrongful death). Punitive or exemplary damages may be available if the doctor’s negligence was due to recklessness or willful disregard for the patient’s well-being, although those damages are more difficult to prove in medical malpractice cases as opposed to other types of personal injury suits.

The following information is intended only as a brief overview of how most states handle medical malpractice claims and compensation. It is prudent that you consult with an experienced attorney in your area as medical malpractice laws in your state may differ from the processes and procedures outlined.

Wrongdoing by a Medical Professional

Medical professionals are bound by certain codes of ethics, which guide their decisions, treatment, and actions when they treat patients. When these standards are not met, it can be seen as professional negligence or misconduct. An experienced attorney can help you establish that a medical professional’s negligence occurred, and the resulting damages in your case.

Establishing Medical Negligence

The components of malpractice or medical negligence vary from state to state, but all involve the following factors:

A duty owed by the doctor or hospital

In order to win a medical malpractice claim, you must prove that a doctor or medical professional owed your family member a duty of care. This obligation can be determined by looking at the doctor-patient relationship as it existed between the parties leading up to the injury or death in question.

The standard of care that was breached

The “standard of care” is an objective test based on the hypothetical actions of a reasonable doctor or medical professional. In other words, your attorney will try to determine what other doctors in my area would do if they were treating someone injured as you believe your family member was.

A breach of that standard by the defendant

You must also show that the accused acted below this accepted standard, thereby breaching his or her duty of care to your family member. This element is commonly known as the “breach”, which means that the doctor’s actions fell below what would be expected in similar circumstances.

A cause of action

Finally, you must show that the defendant’s alleged failures were actually responsible for causing your loved one’s injury or death.

It is not enough to show that the doctor’s negligence caused some harm or injury. It must be proven that the medical professional’s actions led directly to your family member’s injuries.

Compensation for Medical Malpractice Damages

If you have decided to pursue a medical malpractice claim in court, you will need to prove damages resulting from the negligence of the medical experts.…

Surgical Malpractice Seattle WA

Surgical malpractice may be among the absolute most difficult of cases to prove. Most surgeries have known risks or complications described in the medical literature, and the defense usually argues these problems can occur even yet in the absence of negligence. Surgical consent forms will often have a litany of surgical problems that may occur, including damage to nerves or vessels, bleeding, and even death. That will not mean complications cannot be a result of negligence, nonetheless, it reflects why these are well-known risks.

Surgical Malpractice

When it could be shown that a specific bad outcome usually occurs only if you find negligence, it is called a “res ipsa loquitur” case (Latin for “the thing speaks for itself”). The clearest examples are when surgical instruments or sponges are left within the body after surgery. Several well-documented injuries, such as for example cutting the normal bile duct during gallbladder surgery and lacerating the median nerve during carpal tunnel surgery, are generally regarded as negligent by definition.

Contact Us:

CMG Law – Medical Malpractice Attorneys
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When To Hire a Truck Accident Lawyer

Truck accidents are dangerous and can leave you with injuries or loss of a loved one. When a truck accident happens, you may end up with a lot of questions and confusion on what you need to do. Recovering from the accident is the primary focus after an accident. However, while you are taking the time to recover, there are so many bills that you may incur and also lose your wages.

As such the quality of your life is affected in a significant manner and it is important to find a way to get compensated for the damages suffered. In truck accidents, you should not attempt to follow up with the claims on your own. It is a good idea to hire a qualified lawyer to hold the truck company liable. So at what point should you hire a truck accident lawyer?

Time is of the Essence

Depending on the state that you are in, there is a statute of limitations. This means that there is a timeframe that is provided for filing for truck accident injury claims. As such, you need to contact a lawyer right after the accident as this will make it easier to beat the deadlines. There are many people who will advise you to take the time to focus on recovery after the accident, which is a good thing. However, while this is true, taking too long to file claims for accidents can be detrimental. You may lose so many details and even witnesses. As such, you should pursue the claims while still recovering.

Why Contact a Truck Accident Lawyer Right Away?

There are quite a number of benefits of contacting an attorney right after the accident has occurred. Some of the key benefits include:

Collecting Evidence

Right after the accident, it is easier to collect information that will help piece up evidence. Taking too long may cause loss of some crucial details like CCVT footages and drug tests for the drivers.

Witness information

If there are lawyers who are present at the scene of the accident, a lawyer will be able to question them and get the right information. Ordinarily, there are minor details that can be forgotten easily.

Case Evaluation

A truck accident lawyer will help with the evaluation of the case so as to determine the right amount of compensation.

Focus on Recovery

With a lawyer working on your behalf, it becomes easier for you to focus on the recovery process. You will have peace of mind knowing that the legal issues are being addressed.


When you are involved in a truck accident, it is very easy to assume that you can handle the negotiations with the insurance company for your claims. However, this is not a simple process and as such, you need a qualified personal injury lawyer, who has experience in truck accident claims. It is always a good idea to contact a lawyer immediately after an accident as this will help with your settlement.…

A Guide on What To Say After A Car Accident

When you are involved in a car accident, this can be quite devastating. One of the key issues that you should pay attention to it is your personal safety and health. Out of panic and confusion, you may end up saying the wrong things, which may end up complicating your compensation. A car accident claim injury will be based on a couple of factors and your words may end up hurting. Be careful when it comes to insurance companies as they may trap you to say the wrong things. We have created a guide on some of the things that you should and should not say.

With the help of the best personal injury lawyers, we have been able to pick some of the crucial phrases to look out for.

Here is what you should never ever say after an accident:

Do Say You Caused the Accident or Say Sorry

While it usually a reflex action, you should desist from apologizing after an accident. While it may appear as a normal humanity action, this will be taken to means that you are at fault. Once the insurance company gets wind of this, they will use it against you. In addition, even if you are certain you are the one at fault, do not admit it. There are many other factors that you may overlook and assume that you were at fault, whereas it may not be the case.

Never Say You Are Fine

You may have seen it in the movies or even in real life people come out of an accident and say they are fine or okay. Do not fall for this even if you are sure that you are unhurt. This could end up crippling your efforts to get compensated for the damages in the future. The insurance adjusters will use such a statement to mean that you were not injured and this can be detrimental to your case.

Do Not Speculate the Events of the Accident

Whether it is the law officers, insurance companies or any other party that you are talking to, you should not try to make assumptions. If you are not sure of the events that caused the accident, it is safer to avoid making speculations as these statements will be used as the correct narrative and insurance adjusters can be manipulative.

Why You Need a Car Accident Lawyer

As you may be aware, right after the accident you may be injured and the recovery may take some time and resources. You will need to be compensated for such accidents and it is only a qualified and experienced lawyer that can assist with such matters.

The best chances that you will have at filing a personal injury claim and getting compensated are when you have a good personal injury attorney. Finding a good legal firm to represent you is imperative and these are experts who will know what to say and not to say. Get a car accident lawyer to speak on your behalf.…

How To Hire The Right Personal Injury Attorney

Choosing the right personal injury attorney for your legal case is undoubtedly a daunting task. However, if you conduct proper research, it’s likely that you won’t have much of a problem. While there may be a few considerations to make, the entire process is relatively straightforward. 

To make sure that you get the best attorney for your job, here are some simple tips and advice to keep in mind when choosing a personal injury attorney. 

How to identify the right personal injury attorney 

  1. Conduct your Research 

The best way to get the right attorney is to research and come up with a list of about five potential attorneys. Identifying attorneys isn’t really much of an issue. For instance, you can find a good attorney by;

  • Getting a referral from a friend, family, or colleague 
  • Using lawyers you already know 
  • Consulting your local bar association 
  • Searching for lawyers online through lawyers advertising directories 

Once you have identified several potential attorneys, the next step is to find out whether they’re qualified to handle your case. You can ask around about the lawyer’s experience and skills from friends, colleagues, or other lawyers. 

As well, visit the attorney’s website and view his profile for education, experience, and specialties. Remember to view the lawyer’s review page – the past clients have worked with the lawyer and can give you an idea of what to expect from the attorney. 

  1. Consider the area of specialty 

If you are satisfied with what you have already researched about the attorney, the next thing is to look at the scope of their practice areas. What does the attorney specialize in? Some attorneys offer legal services across all sectors – banking, divorce, accidents, etc., while others only focus on specific fields. 

While a general attorney can help you, I’d still recommend going for an attorney that specializes in a specific practice. Such an attorney is more knowledgeable and experienced in dealing with such cases, and might be the best to handle your case. 

  1. Schedule a meeting 

How may attorney’s do you still have on the list? If you feel that those attorneys are well-versed to handle your case, then go ahead and schedule an initial consultation. Most law firms offer free or cheap case evaluations and consultations. 

Meet the attorney’s in person and see if you are comfortable working with them. You can decide based on their personality, communication skills, confidence, altitude, experience, and much more. Don’t shy to ask them questions! 

Ask the attorney about their education, years of experience, past cases, their success scores, client’s testimonials, their views about your case, line of communication- ask even for the smallest detail that you feel is important. 

After a few meetings, you’ll have a clear decision of which attorney to trust for your case. 

  1. Interview Your Selection of Attorneys 

This step is critical when selecting the right personal injury attorney. You should prepare a set of interview questions to ask the attorney beforehand to make sure that you don’t miss out on anything. 

It is in this stage that you ask deep questions such as; 

  • The attorney’s view about your case 
  • Your Settlement success and options 
  • The attorney’s fees 
  • How long the case may take 
  • What the lawyer needs from you 

And much more! If you don’t feel comfortable with the answers given by the attorney, you may consider moving on to the next attorney on the list. Once you feel comfortable with a specific attorney, then you can proceed and hire them officially. 

Note – When choosing a good personal injury attorney, you should stay clear of any lawyer with the following traits. 

  • Have poor clients reviews 
  • Have a poor reputation 
  • Not confident with their ability 
  • Over-promising 
  • Poor judgment 
  • Poor communication skills 
  • Not registered or licensed 


Identifying the right personal injury attorney is a serious matter that shouldn’t be handled lightly. Just keep in mind the guidelines we’ve above, and you’ll be surprised how easy it is to find the right attorney.