Medical malpractice cases tend to be high value and technically complex. Typically, they are difficult to win because healthcare professionals fight hard to protect what they see as an attack on their reputation. If you believe you have a medical malpractice claim, contact an experienced medical malpractice lawyer.
The Elements of a Medical Malpractice Claim
To win a medical malpractice claim, you need to prove the following facts:
- You and the defendant were in a doctor-patient relationship at the time of the malpractice.
- The defendant owed you a specific duty of professional care. The exact nature of the duty of care depends on your medical needs and the skill and experience of the doctor.
- The defendant failed to meet the demands of their duty of care to you. They might have failed to order lab tests, for example. Failure to meet the duty of care equals medical negligence.
- You suffered damages. You must have suffered physical harm.
- The defendant’s medical negligence caused the harm you suffered.
- The harm you suffered must have been a foreseeable consequence of the defendant’s negligence.
You must prove all of these facts by a “preponderance of the evidence”—in other words, on a “more likely than not” basis.
How a Lawyer Can Help
You might not trust your medical malpractice lawyer to perform open-heart surgery on you. But if you hire an experienced medical malpractice lawyer, they should know enough about medicine to represent you far more competently than most lawyers would.
Providing Competent Legal and Medical Analysis
An experienced medical malpractice lawyer should be able to combine their legal expertise with a thorough understanding of medical practices and standards. They should be able to accurately evaluate the merits of your claim, understand medical terminology and integrate their understanding of the law with their understanding of medicine as it applies to your case.
Finding a Suitable Expert Witness
The use of expert witnesses is common in medical malpractice cases. So common, in fact, that your case will probably be crippled without one. Frequently, both sides hire expert witnesses and the case becomes a “battle of the experts.”
It’s very important, however, that you select the right expert. The “right expert” needs two qualities:
- Impeccable qualifications, including a strong professional reputation; and
- The ability to handle themselves under cross-examination.
Your lawyer should be able to find you a suitable medical expert. Experienced medical malpractice lawyers maintain long standing relationships with experts who testify for their clients, and they should be able to find just the right expert for you.
Analyzing Medical Records
Medical records are among the most persuasive possible forms of evidence. They are compiled by experts who know what they are doing. If the records support your claims, these records are even more persuasive. After all, why would a doctor falsify medical records to buttress a medical malpractice claim against themselves?
A medical malpractice lawyer should have the ability to read and understand your medical records. They should be able to integrate them into their overall understanding of your claim, and they should be able to use them to find weaknesses in the defendant’s case.
Understanding Specific Laws and Standards of Care
Medical malpractice law varies from state to state. Some of it, often court-made law, includes specific standards of care that healthcare providers must comply with. A medical malpractice lawyer should know these by heart, and they should be able to apply them to your case
Negotiating With Insurance Companies
Medical malpractice insurance adjusters drive a hard bargain—at least if they can get away with it. A lawyer with experience representing victims of medical malpractice will know just how to handle negotiations to ensure that you receive the best possible settlement. Lawyers who have won medical malpractice claims at trial are a particular threat to these insurance adjusters
Contact a Medical Malpractice Lawyer for More Information
Most medical malpractice lawyers offer free consultations to help you understand your legal options after a malpractice incident. Contact an experienced medical malpractice firm for more information about your claim.
