Bismarck Medical Malpractice Lawyers
If you have been harmed by a medical professional's grave mistake, it may qualify as medical malpractice, a severe form of negligence that warrants legal action. At Maring Williams Law Office, our experienced medical malpractice attorneys in Bismarck have the knowledge and resources to investigate your case and help you obtain the compensation you deserve.
We provide comprehensive assistance in handling a wide range of medical malpractice cases from start to finish. With our extensive expertise, we skillfully manage every aspect of your case, relieving you of the burden.
Our services cover claims against:
- And others
When Should You Pursue a Medical Malpractice Lawsuit?
Medical malpractice can manifest in various ways, including misdiagnoses, surgical errors, prescription mistakes, anesthesia errors, and even birth injuries during labor and delivery. Given the diverse forms of medical malpractice, determining if you have been a victim and whether legal action is warranted can be challenging. To simplify the claims process and eliminate guesswork, it is crucial to engage our experienced medical malpractice attorneys in Bismarck as soon as you suspect that your condition has worsened due to a medical provider's negligence.
What are the Four Elements of Medical Malpractice?
The four "elements" often associated with medical malpractice, known as the 4 Ds, are as follows:
- Duty: The medical provider must have owed the injured party a duty of care equal to or greater than that expected within a doctor-patient relationship.
- Deviation: The medical provider must have deviated from accepted standards of medical care that a reasonable professional in the same situation would have followed.
- Direct Cause: The deviation in care must be the direct cause of the patient's injury or worsened condition.
- Damages: The injured party must have suffered physical, mental, emotional, or financial harm due to medical malpractice.
Is Proving Medical Malpractice Difficult?
When filing a claim against a medical provider for negligence, the burden of proof rests with you, the claimant. Medical malpractice is notoriously challenging to prove, as you must establish the existence of all four elements mentioned above. Insurance defense teams will actively challenge your argument, and liability laws often shield medical professionals and hospital groups from lawsuits due to the high burden of proof in medical malpractice cases.
Attempting to handle your case alone could give a significant advantage to the opposition. It is vital to be represented by highly experienced attorneys like ours. We can enhance the effectiveness of your case by obtaining expert testimonies from independent medical professionals who can explain why the care you received constituted malpractice.
What's the Distinction Between Medical Negligence and Malpractice?
During the course of your claim, you may encounter the terms "medical negligence" and "medical malpractice." What do they mean, and is there a significant difference?
- Medical negligence: A medical provider acts in a manner that another reasonable person would not have acted in the same situation.
- Medical malpractice: A licensed medical professional provides care or treatment that falls below the required standard of care.
There is considerable overlap between medical negligence and medical malpractice, and the terms are often used interchangeably.
Do Most Medical Malpractice Cases Settle?
The majority of personal injury cases, including medical malpractice cases, tend to settle. Insurance companies prefer to avoid protracted legal battles due to the increasing costs of defense. However, due to the heightened legal protections extended to medical malpractice defendants, receiving a fair settlement offer is less common. Our attorneys will work diligently to resolve your case fairly and expeditiously, whether through settlement negotiations or litigation.
Our Law Firm is Here to Assist You
The time to explore your legal options following harm caused by a medical provider's mistakes is now. Contact our Bismarck medical malpractice attorneys today at (701) 543-6685. With over 150 years of combined legal experience, you can trust us to maximize your claim.
Schedule a free initial case consultation today with our medical malpractice lawyers in Bismarck.
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