What is the role of a medical malpractice attorney?
When you or a loved one has suffered due to a medical error, securing a proficient medical malpractice attorney becomes paramount. For many, their understanding of medical malpractice law is limited to what they’ve seen in TV commercials or on billboards. These advertisements often portray the featured attorney as “the top medical malpractice attorney” without delving into the specifics. This might leave you wondering, “What exactly does a medical malpractice attorney do?”
What Does a Medical Malpractice Attorney Undertake? A medical malpractice attorney is a legal professional dedicated to representing patients who have been harmed due to negligence or errors by healthcare providers. Regrettably, medical malpractice incidents occur more frequently than they should. Recent research indicates that if preventable medical errors were accounted for, they would rank third on the Center for Disease Control’s list of leading causes of death in the U.S., following heart disease and cancer.
Handling medical malpractice lawsuits requires a unique skill set:
- Legal Expertise – These lawsuits encompass numerous distinct legal challenges. They can span 3-5 years or more. An adept attorney must grasp all the intricacies, be prepared for trial at any stage, and understand how to expedite the case.
- Medical Knowledge – Grasping the medical field is vital. A medical malpractice attorney should be capable of analyzing a client’s situation, identifying the breached medical standards, and understanding the science behind the medical procedures. Every lawsuit mandates evidence and testimonies from medical experts.
- Experience – Medical malpractice lawsuits are intricate. When selecting an attorney or a law firm, seek those with a track record of taking such cases to trial. Beware of attorneys who seem eager to settle prematurely. Optimal outcomes, including settlements, arise when attorneys are prepared to go to trial.
What ensues when a medical malpractice attorney accepts a case? Upon taking your case, a medical malpractice attorney must demonstrate that the healthcare provider in question was negligent. Establishing medical negligence is why you need a seasoned trial attorney from a firm specializing in medical malpractice. This isn’t a domain where occasional dabbling yields success. The attorney must prove:
- Duty of Care – Confirming that you were a patient, which means the healthcare provider owed you a legal “duty of care.” This care should align with established medical standards, ensuring you receive treatment comparable to any other patient under similar circumstances.
- Breach of Duty – Demonstrating that the healthcare professional failed to deliver the requisite care level.
- Causation – Linking the breach of duty directly to your injury.
- Damages – Illustrating the significant harm you endured, which could encompass lost income, additional medical expenses, adaptation costs due to the injury, and compensation for pain and suffering.
To substantiate these elements, medical malpractice attorneys amass extensive information. They typically commence by collecting and scrutinizing all available medical records to discern what transpired and what should have occurred. They also conduct formal, recorded interviews known as depositions, which can serve as evidence during trials. These depositions can involve the plaintiff, the accused medical professionals, medical experts, and other witnesses. Additionally, they collaborate with medical experts to bolster the case and potentially testify during the trial. They also assist victims in detailing the extent of their injuries through comprehensive research and independent medical evaluations.
Medical malpractice lawsuits rank among the most convoluted legal proceedings one can engage in. They often stretch over 3-5 years. The “preeminent medical malpractice attorneys” will ensure you remain informed every step of the way.