Wednesday, January 16, 2013

How Does Malpractice Differ From Other Personal Injury Cases?

Proving medical malpractice is difficult to do. This complexity means that a medical malpractice case will be different from a standard personal injury case in a number of ways. Here are just a few ways that a medical malpractice case will likely differ from a standard personal injury case.

Medical malpractice cases are subject to a different statute of limitations. In Utah, the statute of limitations for personal injury cases is four years. However, for medical malpractice, the limit is only two years. There are certain circumstances that can extend the statute of limitations for malpractice, but in general, the limit is two years.

You can't pursue as much in non-economic damages in a medical malpractice case. General personal injury cases can involve judgments of up to $400,000 in non-economic damages in Utah. The limit is $250,000 for malpractice. As with other personal injury cases, this cap only applies to non-economic damages. Economic damage awards can still exceed this amount.

Malpractice cases often need expert witnesses. In a dog bite case, for example, the plaintiff must prove that the dog was the cause of the injury and that they (the plaintiff) were in a place they had a right to be. This is because the series of events in the case are usually straightforward. A malpractice case involves proving several complex and technical things, such as what the traditional, accepted treatments are in a case similar to this one, how the doctor failed to meet that standard, and how that failure resulted in the plaintiff's injury. This requires the testimony of medical professionals.  Expert witnesses such as this must be found and paid for their services. For your inquiries and questions please see http://www.accidentesutah.com/utah-defectuosos-abogados-implante-de-cadera.

A malpractice case will most likely last longer than a standard personal injury case. It may be years before any cash award is offered. While some cases end much sooner, you should be prepared for a case lasting three to five years.

It may not be possible for you to pay an attorney for the entire length of a case like this. Many attorneys will accept clients on a contingency basis instead because of this. In this type of arrangement, the lawyer waives his or her fee until the end of the case. When the case is complete, however, and a settlement or judgment has been reached, the attorney will take a percentage of the award as payment for their services. The lawyer will take between 30 and 50 percent of the award, depending on the amount of work they've done and the complexity of the case. The amount is determined before the case ends. Just haga clic aqui to learn more about medical malpractice lawsuits.
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