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Professional Malpractice
Malpractice is the failure of a professional person--for example a
doctor or a lawyer--to give you the kind of professional care or
service other professionals would ordinarily give you under the same
circumstances. If the professional, through an error or omission,
fails to provide you the care or service consistent with the
generally accepted standards for that profession, then the
professional has committed malpractice.
If you believe that you are a victim of malpractice, contact a lawyer
immediately. Attorneys will represent you in lawsuits against
attorneys, doctors or other professionals who have committed
malpractice. The fee charged by your attorney may be based upon an
hourly rate or a contingent fee. In a contingent fee arrangement, the
lawyer would receive a percentage of the amount of money you recover.
Even though the attorney's fee is contingent, you may additionally be
obligated to pay the court costs and other expenses required for the
preparation of your malpractice case. It is important that any fee
agreement between you and your attorney be in writing.
You may not know whether a doctor, a lawyer, or any other
professional has provided you proper professional care or service,
but there are ways to find out. Before contacting an attorney, you
should gather all records--charts, reports, correspondences--and all
other information concerning the care or service provided by the
professional. All of these records are available upon request from
the professional by the person for whom the professional care or
service was actually performed. You should give all of these records
to your attorney so that the lawyer and other appropriate
professional experts can review and study the records to determine
whether or not you have a malpractice claim.
Malpractice cases can be expensive to investigate and prosecute and
may take a long time to resolve, either through settlement
negotiations or all the way through trial. Malpractice cases are not
a quick way to make some easy money. Rather, malpractice cases are
usually highly contested and strongly defended cases. You should also
remember that just because you received a "bad" result from
your perspective does not mean that the professional person has
committed malpractice. You may have received the "best"
result possible under the circumstances. However, if you believe that
you have been treated improperly and are the victim of professional
malpractice, you should seek legal assistance.
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*NOTE - The hiring of a lawyer is an important decision that should
not be based solely upon advertisements. Before you
decide, ask us to send you free written information about our
qualifications and experience.
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