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The Chances of Winning a Medical Malpractice Hospital Case



You hear almost daily about some medical malpractice hospital case or other, some simple open-and-shut cases, and some complicated with twists and turns both on the doctor's side and on the patient's side. For every medical malpractice hospital case that goes to the court of law, there are thousands that are dumped along the way. Most of them are dropped for lack of information, lack of money and lack of time, since such cases need a lot of follow up

The statistics show that out of every five cases only one medical malpractice hospital case will come out winning - the odds are not good for the claimant and this is why many choose to drop the case or settle for out-of-court settlements. Justice has nothing to do about filing a medical malpractice hospital case; the case is most often filed because the claimant is not happy with what type of treatment they got, and the law offers recourse for redressal. However, it is difficult to make the charges because a lay person will not be aware of many medical terms and requirements which may in the end prove the claimant's suit wrong.

Cap of Non-Economic Claims of a Medical Malpractice Hospital Case

Nonetheless, malpractice cases occur everyday and there are many people who deserve to be compensated for the pain that they suffered due to wrong diagnosis, incorrect treatment, negligence, etc. on behalf of the doctor. The medical practitioner is bound by law and the Hippocratic Oath to practice safe medicine and protect his or her patient from harm at all costs. However, due to the increase in such lawsuits and the impact these have on the market of insurance and the willingness of the doctors to take risks in treating patients, a cap for non-economic awards has been imposed at $250,000.

This cap does not include the costs claimed as loss of pay, loss of job, costs of additional treatment and travel for the treatment that the claimant might have incurred due the medical malpractice he/she suffered.

Medical Malpractice Hospital Case and the Court of Law

There is no doubt that the law takes its course. However, it is very difficult to get justice from the point of view of the claimant because a medical suit revolves around medical terms and information that is not easily furnished or obtained. Nonetheless, there are a good number of cases that win remarkable awards and these keep the hope alive for those who wish to get justice.

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