What Does a Medical Malpractice Attorney Do?
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Originally Posted On: https://www.sochealth.co.uk/sp/money/what-does-a-medical-malpractice-attorney-do/
Every year in the United States, about 250,000 people succumb to medical malpractice.
Whether it’s a wrong diagnosis, surgical error, or incorrect dosages, there’s no doubt these deaths are preventable. A lot more patients sustain personal injuries, some leading to permanent disabilities.
If you or your loved one has been a victim of medical malpractice, you have a legal right to seek adequate compensation for your losses or pursue any other form of justice that the law permits.
This is where a medical malpractice attorney comes in.
Before hiring this lawyer, you might be wondering what it is they will do to help you find justice. You’ve come to the right place.
Continue reading to gain a comprehensive understanding of the work of a medical malpractice lawyer.
Most medical malpractice cases will begin with suspicion. For whatever reason, you’ll suspect that you’ve been a victim of medical malpractice.
Maybe your condition gets worse even after cleat treatment outcomes were expected. You’ll then seek a second or third opinion from other practitioners, whose findings might strongly point toward an instance of medical malpractice.
Either way, doctors can only give a medical opinion. If you want a legal opinion, you go to a medical malpractice attorney.
These professionals use their extensive medical knowledge (most medical malpractice lawyers typically have a medical background) to assess your case and establish whether you’ve been a victim of medical malpractice. They will review your medical record chronology to try and point out a certain error or a pattern of mistakes that ultimately led to your situation.
Case assessment is an essential step in a medical malpractice case. You don’t want to sue a certain doctor or healthcare facility, only for the defendant to easily prove that they have no case to answer. You would have wasted your time and money.
A medical malpractice attorney lets you know whether you have a solid case before you can take the next step.
Once a medical malpractice attorney takes up your case, they shift their focus to obtaining substantial evidence to prove that your doctor acted negligently.
Medical malpractice cases are stubbornly difficult to prove. In most cases, it mostly boils down to having a doctor scientifically prove that another doctor didn’t do their job correctly.
This is why a big part of a medical malpractice attorney’s job is to gather strong evidence. This includes medical records and expert witnesses.
Proving Your Medical Malpractice Case
Once the evidence is ready, your lawyer will file a lawsuit in accordance with your state’s malpractice laws.
The burden of proof lies squarely on you, the patient. However, it’s your lawyer’s job to prove the case on your behalf. Your lawyer will have to prove the following:
- Duty of care
- Breach of duty
In a nutshell, your lawyer will walk the court through how the doctor or healthcare facility you’re suing handled you as their patient, in the process breaching their duty of care, which directly led to your injuries, or wrongful death if the victim is a deceased loved one.
Lastly, your lawyer will prove the economic and non-economics costs you’ve suffered as a result of the incident and persuade the court to award you a certain amount of money in a settlement.
A Medical Malpractice Attorney Is Central to Your Case
A medical malpractice attorney’s job can be condensed to this: helping medical malpractice victims win malpractice cases against doctors and healthcare facilities. This involves case assessment, evidence gathering, and, ultimately, proving the case in a court of law.
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