It’s been said that people don’t understand the importance of an attorney until they need one. That’s true in many cases, including those involving family court, bankruptcy (Approximately 90% of all chapter 11 debtors have less than $10 million in assets or liabilities and less than $10 million in annual revenues), civil rights, commercial disputes and medical malpractice.
Medical malpractice refers to when a doctor, a hospital or health care professional causes injury to a patient either by omission or negligence. That negligence by result in treatment errors, false diagnoses, errors in health management and aftercare.
Some common examples of medical malpractice can include:
- Improper treatment
- Failure to diagnose
- Failure to warn a patient of risks
- Unnecessary surgery
- Surgical errors or surgery at an improper site
- Premature discharge
- Improper medication or improper dosage
- Ignoring or misreading a patient’s lab results
If you have suffered as a result of malpractice, then you need an attorney if you think you’ve got a strong case. In order to have any hope of winning a malpractice case you need a malpractice attorney going to bat for you.
You must know that a claim must have these characteristics to be lawfully consider malpractice:
- An injury due to negligence: In cases of medical malpractice, a victim cannot just say that a health care professional committed such an act. A victim must prove absolutely that they suffered injuries that would otherwise not have happened had negligence not occurred. A less than favorable outcome from a procedure is in itself not considered malpractice. Once again, the patient must prove that negligence is the reason for their suffering.
- Violation of care standards: There are many laws in place that have established standards when it comes to medical treatment. These laws and regulations are known as a standard of care. No matter where they go for medical help or for what purpose, a patient should rightfully expect that doctors, nurses and other health professionals will deliver proper care that’s within the standard of care. If a lawyer can establish that the standard of care hasn’t been met for their patient, they might be able to prove negligence.
- Significant due to injury: One thing is certain about medical malpractice cases. They can be long and very expensive since medical professionals are frequently called in to testify and there can be hours and hours of deposition testimony. In order to have a viable case, a patient must prove that their suffering caused by medical malpractice has resulted in significant damages which can be recovered in the case. Such damages may include chronic pain, loss of income, hardship, suffering and past and future medical bills.
- Experience: Medical malpractice lawyers of repute have seen dozens of malpractice cases and they’ll know exactly how to navigate your case to end up at a successful resolution. They’re skilled at negotiation, especially with insurance companies and can advise clients on what they should or shouldn’t say to insurance representatives before a case is brought to trial.
- Paperwork: Medical malpractice lawsuits and claims require a great deal of paperwork to be filed and then reviewed. A lawyer can cut through all the legal jargon to help a client understand what different documents say and how to file certain documentation.
- No mistakes: If you know nothing of the law or how malpractice claims work, it can be very easy to get tripped up. A lawyer can make sure there are no mistakes when crafting your case. Nothing is to important to overlook and a lawyer will cross all T’s and dot all I’s.
If you think you’ve got a strong enough medical malpractice case, you should consider hiring a lawyer, which can provide the following benefits:
If you or one of your loved ones has suffered greatly due to medical malpractice and you can prove negligence, then you have the makings of a strong case. With a lawyer, you can present a strong case, which will hopefully help you recover damages for your suffering. There’s no telling what the physical and emotional cost of suffering from negligence truly is for each person who has suffered and a lawyer can help make sure you’re fairly compensated.