A Medical malpractice lawyer is a person who has the skill and experience to handle medical malpractice lawsuits. These types of claims are complex, and victims of medical malpractice need an advocate to help them fight against powerful healthcare providers and their insurance companies.
A medical malpractice case may be filed against a physician, health care facility, or other medical professional who fails to treat a patient in accordance with the accepted standard of medical practice and causes an injury or makes an existing condition worse. The injured patient or their family members can claim damages for the harm caused by the negligence, such as medical bills, loss of income, and pain and suffering.
It is important to understand that not every error or mistake made by a doctor rises to the level of medical malpractice. To be successful, a victim must prove that their medical provider breached the standard of care and that this breach directly led to injury. The second element is proximate causation, meaning that there is a direct link between the breach of the standard of care and the injury.
The final element is that the injury was a foreseeable result of the medical practitioner’s negligent actions. For example, a patient might have a broken leg that is left untreated. This is a foreseeable consequence of the procedure, and the patient could be entitled to compensation for the injury.
Despite the complexity of medical malpractice cases, many claims are settled outside of court. This is because the burden of proof in a medical malpractice case can be overwhelming for many victims. They need to assemble evidence that includes medical records, expert opinions, billing statements, hospital protocols, and more. This can require contacting multiple offices and professionals, and may involve obtaining subpoenas to request documents.
If you are considering a medical malpractice suit, you should consult a lawyer as soon as possible after the incident occurs. This is because many states have statutes of limitations that limit the amount of time in which a legal claim can be filed.
In addition, without a skilled attorney, victims may not receive the compensation they deserve for their injuries. This is because victims often accept undervalued settlement offers from the healthcare provider’s insurance company early in the process, or because they are not aware of all of the damages they are entitled to claim. Lastly, victims who do not have representation are more likely to be intimidated by aggressive healthcare providers and their insurance companies, making it difficult for them to pursue justice. An experienced medical malpractice attorney will be able to guide the victim through the entire legal process and ensure that they are fully compensated for all of their losses. This includes past and future medical expenses, loss of income, and pain and suffering. In some instances, a medical malpractice case will be moved to the United States District Court system, which is similar to state courts in that it has judges and jury panels that hear trials.