Medical Malpractice - Shunts
A shunt is a connector that allows blood to flow between two locations. Shunts are also
used to drain excess fluid. Whether installed in the brain, heart, spine or other areas, the basic function
of a shunt is to allow the free flow of fluids to avoid medical complications. Yet shunts create additional
complications when used, require exceptional expertise to install properly, and may require periodic
maintenance to prevent blockage. In the event a doctor, hospital, or other medical service provider fails to
maintain a professional standard of care, a medical malpractice lawsuit may be actionable to recover
damages.
Personal Injury Law - Medical Malpractice - Shunts:
When evaluating any medical malpractice claim, state personal injury law frequently governs when a cause
action may be pursued, the extent of civil responsibility, what recoveries are permitted, and how a cases
are presented at trial. Less often, federal statutes may preempt state laws and require lawsuits to be
filed the federal district court or one of a wide assortment of federal administrative law proceedings,
or occasionally allows plaintiffs to opt for either federal or state court systems. In all medical
malpractice lawsuits,
settlement of civil liability claims before trial is strongly encouraged by judges to promote judicial economy.
For plaintiffs, settlement of lawsuits is permissive, and may be more advantageous than trial.
Settling lawsuits reduces risk, guarantees the recovery amount, should be contingent upon collection, and saves
time, attorney fees, and litigation costs. The greatest advantage of trial is economic - plaintiffs may
receive substantially larger awards in medical malpractice lawsuits from court or jury verdicts than settlement
offers.
Application of Law:
The evaluation of facts and applicable personal injury laws is a dynamic process, based upon circumstances
that are personal to each case. Statutes, cases, and rules of evidence and procedure all impact the ultimate
success or failure of each case. Lawyers who specialize in medical malpractice lawsuits for plaintiffs interpret laws in
the light most favorable to their client when establishing liability, injuries, compensability, and settlement terms.
Similarly, defense lawyers and insurance adjusters are professionals who are equally talented in influencing
settlement of medical malpractice claims far below the true trial value when claimants represents themselves.
See also: Medical Malpractice - Shunts - How to Find a Lawyer, Laws, & Lawyer Searches.
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