Why Can’t I Find A Medical Malpractice Lawyer To Help Me?

“Why can’t I find a medical malpractice lawyer to help me?” It is often difficult to find medical malpractice attorneys on your own to help you with your medical malpractice claim – not every instance of medical malpractice, no matter how obvious, will result in the victim being compensated for their injuries and losses. Many people who contact us have questions regarding what happened to them or their loved ones, and we attempt to find them appropriate medical malpractice lawyers nearby them so they can have their questions answered. Our service is free to you. We have successfully found lawyers for medical malpractice victims throughout the United States.

Why Can’t I find A Medical Malpractice Lawyer To Help Me?

There are many reasons why you may not have been able to find a local medical malpractice lawyer to represent you. It is becoming harder to find a medical malpractice lawyer to represent you in many U.S. states due to so-called tort reforms that make it unnecessarily more difficult to prove a medical malpractice case and/or more difficult and costly to bring a medical malpractice claim against a negligent health care provider who has harmed a patient. For example, since Texas began imposing medical malpractice tort reforms in 2003, including imposing a cap on noneconomic damages in the amount of $250,000 no matter how catastrophic the harms suffered by medical malpractice victims, many Texas medical malpractice lawyers have stopped representing Texas medical malpractice victims.

Californians face a similar problem. In 1975, California enacted the Medical Injury Compensation Reform Act of 1975 (MICRA). Section 3333.2 of MICRA provides, in part: “(a) In any action for injury against a health care provider based on professional negligence, the injured plaintiff shall be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage. [¶] (b) In no action shall the amount of damages for noneconomic losses exceed two hundred fifty thousand dollars ($250,000).” The $250,000 cap on noneconomic damages in California medical malpractice cases has not increased since it was enacted in 1975.

In addition to imposing draconian caps on damages that affect the most egregiously injured medical malpracuce victims the most, some U.S. states have imposed the highest burden of proof on medical malpractice victims who are injured in hospital emergency rooms or who received emergency medical treatment. For instance, in Georgia, “In an action involving a health care liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, no physician or health care provider shall be held liable unless it is proven by clear and convincing evidence that the physician or health care provider’s actions showed gross negligence.” Georgia Code, Section 51-1-29.5. “Gross negligence” is defined as the absence of even slight diligence, and slight diligence is defined in OCGA § 51-1-4 as “that degree of care which every man of common sense, however inattentive he may be, exercises under the same or similar circumstances.” The Georgia Supreme Court has stated, “Applying this definition in the context of a medical malpractice action brought pursuant to § 51-1-29.5 (c), liability would be authorized where the evidence, including admissible expert testimony, would permit a jury to find by clear and convincing evidence that the defendants caused harm by grossly deviating from the applicable medical standard of care.”

Under the Texas Medical Liability Act, Section 74-153, “In a suit involving a health care liability claim against a physician or health care provider for injury to or death of a patient arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the claimant bringing the suit may prove that the treatment or lack of treatment by the physician or health care provider departed from accepted standards of medical care or health care only if the claimant shows by a preponderance of the evidence that the physician or health care provider, with wilful and wanton negligence, deviated from the degree of care and skill that is reasonably expected of an ordinarily prudent physician or health care provider in the same or similar circumstances.” A Texas Appellate Court has stated that the Texas Legislature intended “wilful and wanton negligence” as used in section 74.153 of the civil practice and remedies code to mean “gross negligence.” “It is the defendant’s state of mind – whether the defendant knew about a peril but nevertheless acted in a way that demonstrated that he did not care about the consequences – that separates ordinary negligence from gross negligence.”

Is it any wonder that medical malpractice victims throughout the United States are having an increasingly difficult time finding local medical malpractice lawyers who are willing to discuss with them their potential medical malpractice claims?

Click on the “Contact Us Now” tab to the right, visit our website, or call us toll-free in the United States at 800-295-3959 to find medical malpractice attorneys near you who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case, if appropriate.

Turn to us when you don’t know where to turn.

This entry was posted on Sunday, December 8th, 2019 at 5:25 am. Both comments and pings are currently closed.

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