Going into a medical office as a patient immediately conjures feelings of anxiety and worry for many people. Something is causing you pain or sickness, and you are submitting yourself to the expertise of a medical professional, in the hopes that they can effectively diagnose and treat you. This process requires relinquishing control, where you agree to follow the medical professional”s advice, which has become an increasingly valid concern for many people in recent years.
Medical malpractice cases serve to accentuate these issues even further, as the very idea of a doctor not being fully qualified or giving a fatally incorrect diagnosis can make it difficult to feel calm in a medical professional’s care. Should you find yourself in a situation where a medical professional’s negligence has directly led to the worsening of a medical issue, you need to enlist a medical malpractice lawyer.
Hiring a qualified medical malpractice lawyer can be crucial for ensuring justice and fair compensation when medical mistakes occur. These cases are often legally complex and emotionally challenging, so it is vital for victims to understand their rights and how an experienced attorney can help them navigate the legal process.
What Does a Medical Malpractice Lawyer Do?
A medical malpractice lawyer specializes in representing clients who have suffered harm due to the negligence or misconduct of medical professionals. These lawyers investigate claims, gather evidence, work with medical experts, and litigate or negotiate settlements for clients.
Their services cover cases including everything from surgical errors to misdiagnosis or delayed diagnosis, birth injuries, medication mistakes, anesthesia complications, or even failure to obtain informed consent. Given the technical nature of such claims, malpractice lawyers often collaborate with healthcare professionals to establish a breach in the standard of care.
Lucian L. Leape once wrote that, “Errors are not fundamentally due to faulty people but to faulty systems. To prevent errors, you have to fix the systems.” Through these methods, medical malpractice lawyers can hold both the individual medical professional and the system as a whole accountable for mistakes made and damages caused.
Why Medical Malpractice Claims Are Difficult to Prove
In other injury cases, fault is a fairly simple thing to prove. For example, if a pedestrian is struck by a car, it’s easy to draw a line directly from the accident to the injuries the pedestrian sustained. However, in medical malpractice cases, that process can be far less straightforward.
Proving medical malpractice involves demonstrating that a healthcare provider’s actions fell below a recognized standard of care and directly caused injury. This can be difficult to prove quantitatively and often requires detailed medical records, expert witness testimony, and a strong understanding of healthcare procedures and outcomes.
In addition to these hurdles, many states impose strict statutes of limitations, meaning patients must act quickly if their case is to be deemed valid. All of these issues and more can make medical malpractice an exceedingly difficult area to operate in, especially for anyone suffering from the physical, mental, and emotional toll of the malpractice itself. A seasoned medical malpractice lawyer is essential for managing these legal hurdles efficiently and will help lighten the burden.
How to Choose the Right Medical Malpractice Lawyer
When evaluating a legal professional, consider the following:
- Experience: You want to choose a lawyer who already has a strong, established background in malpractice cases. These cases can be incredibly dense and difficult to navigate, so you want someone on your side who has been through this all several times before.
- Track Record: Look for evidence of favorable settlements or verdicts. This will prove that they are not only familiar with medical malpractice law, but also know how to effectively utilize this information to secure victory in the courtroom.
- Resources: Complex cases demand access to medical experts and investigatory tools, so you need a lawyer with access to ample resources.
- Communication: The ability to explain intricate legal and medical concepts clearly is crucial.
Financial and Emotional Impact of Medical Malpractice
Medical errors may be among the leading causes of death in the U.S. This highlights the crucial role of legal accountability in healthcare. While some states have damage caps that can restrict compensation, legal strategies have proven capable of enabling victims to maximize their recovery based on the specifics of their case.
FAQ
Q: How much does a medical malpractice lawyer cost?
A: Many work on a contingency fee basis, meaning they only get paid if you win your case.
Q: Can I sue for emotional distress caused by medical malpractice?
A: Yes, if emotional distress is tied to the malpractice, compensation may be available.
Q: What’s the time limit for filing a medical malpractice lawsuit?
A: This varies by state but can range from one to three years from the date of the incident or discovery of harm.
Q: Do all medical errors qualify as malpractice?
A: Not necessarily; only errors that breach the standard of care and cause injury may be grounds for a claim.
Members of the editorial and news staff of Law&Crime were not involved in the creation of this content.
