Medical Malpractice is a specialty area of law that comes under the field of Personal Injury. Attorneys often further specialize for example only taking cases related to a specific drug, condition, or medical device. Malpractice is not limited to mistakes hospital doctors make and can apply to dentists, psychiatrists, plastic surgeons, and nursing home care takers. It also encompasses errors that nurses and other staff have made, incorrect interpretation of symptoms, misapplication of drugs, or failure to obtain “informed consent.”
Like ordinary Personal Injury cases, the attorney usually takes the case “on contingency” meaning that the lawyer does not get paid until the end of the case when the losing party pays. If the lawyer does not make his case, he receives nothing for months or years of effort. In addition to costing tens of thousands of dollars to bring to trial, Medical Malpractice cases can be made more difficult by the fact that sometimes the injured party cannot testify due to their injury.