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Medical Malpractice Trials
Introduction to Medical Malpractice Trials
It is very unfortunate to find yourself in a midst of situation when you are already worried about your ailing loved one and you find out that your health care professional has made a mistake that aggravated his/her medical condition. Truly, medical malpractice trials bring forth emotional and trying situations. One way to help pull yourself together during this fight is to know whether or not you are well-prepared for what is about to take place. Are you well represented by your solicitor, is your case solid, and if not, are you open to an alternative dispute resolution? This article provides a short discussion about what everyone needs to know about medical malpractice trials and how to best prepare for one.
Seeking Help
The moment you notice that you or your loved one has experienced a medical malpractice, you have to find a medical malpractice solicitor who can help draft up your case. Medical malpractice trials are complicated, messy, and very technical, so it is best for you to have specialised legal representation. If you are worried about the finances, be comforted with the fact that there are many law firms who operate using the "NO win, NO fee" policy. You are not required to pay them any fee if they don't managed to win your case.
Preliminary Investigations
Prior to the actual medical malpractice trials, the medical malpractice solicitor together with the local authorities will conduct preliminary investigations to determine the true sequence of events that occurred. This is also the time when you should speak to your solicitor in earnest and tell him all the information he needs to know to help you win the case. You may have to tell him certain medical information that isn't usually discussed over the dining table, so you have to be prepared to do this.
Approach to ADR
An Alternative Dispute Resolution in the form of external settlement may be suggested by the other party prior to the medical malpractice trials. If you are willing to withdraw the case in exchange for some form of compensation, you also have to tell this to your solicitor. If you aren't open to negotiations either, simply tell your solicitor that you are determined to settle the matter at court. However, remember that the ADR is the easiest way to settle legal matters. If the case isn't too grave, it isn't so bad to consider an external settlement as medical malpractice trials take a very long time before they finish.
Results of a Medical Malpractice Trial
The results of medical malpractice trials depend on the gravity of the case. If death or serious injury was the result of the malpractice, the health care professional is often struck off the register, compelled to pay compensation damages, and would serve time in prison. If the health care professional manages to prove his/her innocence, the prosecution has the option to make an appeal. If you want to make sure that you will win in all medical malpractice trials you will be involved in, it is best to work with the best law firms that specialise with your particular legal concerns.
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