Medical malpractice suits are typically medical and/or legal issues where a healthcare provider has failed to meet the necessary standards or fiduciary duties of service, leading to personal injury or losses for a client. A malpractice lawyer will usually represent clients either as a prosecuting attorney or as a defense attorney.
A medical malpractice lawyer represents either the plaintiff or the defense in a case involving professional negligence or malpractice. Failure to perform the duties of a given profession can take many forms. For instance, a doctor may misdiagnose a patient and as a result of the misdiagnosis, injury or death may occur. In such a situation, a case of medical malpractice or negligence may be filed by the plaintiff seeking compensation in response to the actions of either a single medical practitioner, a larger medical practice or an entire hospital.
When representing the plaintiff, a medical lawyer asserts both that negligence occurred and that the plaintiff suffered injury as a direct result of this negligence.
Main Categories of Medical Malpractice Cases
Most medical malpractice falls into one or more of the following categories:
- Medication Errors
- Childbirth Injuries
- Anesthesia Errors
- Surgical Errors
The role a malpractice negligence attorney plays in a successful medical malpractice lawsuit cannot be overestimated. Above all, their legal experience and their ability to speak the language of the law, very possible some medical language and their ability to hold their own against the legal counsel of the defendant, are just some of the reasons why you are better off having such an attorney by your side, as opposed to trying to go through the process on your own.
The quality of care you receive is important and medical practices’ should be held to the highest standard when it comes to your health and well being. This is why hiring a medical malpractice attorney can be a crucial move to preserving your rights to health and wellness, which might otherwise go unprotected, leaving you both medically damaged, and also left to suffer the effects of the damage on your own.
Hiring an attorney who is experienced with medical malpractice, and specifically, in taking it to trial is a good way to potentially help protect others from suffering a similar fate in the future because the more medical practitioners are held to account and made to face the consequences of their negligence, the potential there is that they might be less inclined to do so in the future, or it at least makes them much more careful.
Malpractice attorneys can help you prepare for court, organize and file the necessary court papers, prepare and submit necessary evidence, interview witnesses, help you decipher and understand medical-legal terminology and many more, all of which might be very difficult for you to do on your own, especially while you are injured and suffering the consequences of the medical procedure or treatment that went wrong.
Given how court cases can often be long and expensive, not to mention emotionally draining, perhaps the first and most important thing you would want your attorney to do is to try and secure a negotiated settlement with the defendant in your case. This obviously prevents going through a lengthy trial. However, there are many situations where you may have no option but to go to trial. Which is why you should be certain about the litigation ability of any attorney you intend to hire.
Another thing to consider when hiring a malpractice negligence attorney, is whether they may in the past have defended a medical professional who was facing a lawsuit. If so, such an attorney likely has experience on both sides of the “coin”, i.e. representing a defendant and as well as a plaintiff, and he or she may likely have a better grasp of how or what the opposing counsel in your case may try to undermine your case, and will work to prevent it.
A good and experienced medical malpractice attorney understands the value of your health and your case. The wrong attorney could lose your case and the right one could help secure thousands even millions of dollars that are rightfully yours and which you will need to aid in your recovery. A qualified attorney who is experienced in medical malpractice has spent a large portion of their career working to help people like you and your loved ones. They are ready to help you now, and this is the value of a medical malpractice lawyer.