4 Ways an Experienced Medical Malpractice Lawyer Can Help You Get Justice
When you’re under the care of a physician or a medical facility, it’s reasonable to expect that you will receive care in compliance with a certain standard of care. However, when deviations from that standard occur and you are harmed during the course of medical treatment, you may be entitled to compensation for your injuries, pain, disabilities, and other damages. But winning a malpractice lawsuit is only possible when you have an experienced medical malpractice lawyer on your side.
4 Ways an Experienced Medical Malpractice Lawyer Can Help You Get Justice
So, how can a medical malpractice lawyer help? The first thing you should know is that while malpractice lawsuits seem like easy cases to win, they actually present a lot of legal difficulties that are hard to overcome. For example, only an experienced lawyer will have the technical knowledge to be able to pinpoint which areas of your care were not compliant with the standard adhered to by the general medical field. Other ways an experienced lawyer can help you include:
1. Case Evaluation
There is a difference between medical negligence that qualifies for a malpractice claim and simply being unsatisfied with the care you received from a physician. For example, not liking a physician’s bedside manner or the staff at a medical facility being busy–or even rude–are not reasons to sue for malpractice. What would qualify for malpractice is if the physician or staff were so busy that they did not have time to diagnose you properly or give you the medical attention you needed.
Before you can start your medical malpractice claim, an experienced attorney will need to evaluate your case to determine if your claim has merit or the ability to win a settlement. Depending on the circumstances of your case and your degree of damages or injury, some cases may be more qualified for medical malpractice than others. Rest assured that your legal team with evaluate your case fairly and make a proper determination.
Building a case for medical malpractice takes time and a thorough investigation to gather all evidence associated with the claim. Gathering the full facts about your case is one of the most important components of your lawsuit. With a full understanding of the circumstances surrounding the alleged malpractice, your legal team will be able to build an airtight case that will help you get justice.
Collecting evidence about your claim can involve many different factors. For example, your legal team may get the expert option of other physicians with the same specialty to determine if the standard of care was observed for your treatment. Any history the physician or medical facility has for previous malpractice claims is also relevant to your case.
Your Current Medical Records
Part of investigating your case will also mean collecting your current medical records. Your current records will have information that is relevant to the treatment you received for your injuries or ongoing therapies to help you cope with the aftermath of medical negligence. Some of these records will be used to prove that the malpractice incident negatively impacted your life and overall well-being.
For example, your medical records will serve as documentation for temporary or permanent disability or ongoing injuries that prevented you from going back to work. Medical records have many notations and certain evaluations from other physicians will indicate how your quality of life has changed as a result of your injuries or damages. These documents hold a great amount of significance to your claim.
3. Retain Witnesses
Witnesses to your malpractice incident are essential – particularly witnesses who have medical knowledge or who will be able to determine if there was a deviation from the standard of care during your treatment. The testimony of nurses and other physicians involved in your treatment will be supporting evidence for your malpractice claim.
Witnesses may be able to attest that your physician was busy, distracted, or used an unapproved approach to your treatment. Witnesses may also be able to attest that the medical facility had policies that reinforced negligence, such as equipment that was not working properly and may have resulted in a misdiagnosis or other barriers to proper medical care.
4. Prove Medical Negligence
Malpractice lawsuits tend to rest on the ability to prove that medical negligence occurred in your care and treatment. Proving medical negligence can be difficult since negligence can look like many things; however, an experienced lawyer will be able to identify the circumstances in your case that resulted in negligent action.
For example, negligence of a medical facility may include not having the proper equipment or drug therapies to treat patients or other preventable factors that would suggest the facility was not operating within reasonable parameters, in compliance with standard protocol or procedures. Negligence by a physician can involve failing to provide adequate care, failure to diagnose the patient, or failure to inform the patient of risks associated with treatment or obtain consent for more dangerous treatments, such as surgery. Please keep in mind that nursing staff, physician assistants, as well as other medical providers can also be sued for medical negligence.
What Situations May Qualify for a Malpractice Lawsuit?
Although proving negligence is the most important component in malpractice claims, the specific circumstances of your case are also important. Not all situations qualify for medical malpractice. The most common situations of malpractice in a medical setting that an experienced lawyer can help you seek justice for include:
- Surgical errors
- Emergency room errors
- Medication errors
- Misdiagnosis and mistreatment errors
- Birth injuries
- Medical facility infection
- Wrongful death
There are some situations that may seem like medical malpractice because they result in an injury, but do not qualify for malpractice because the standard of care was maintained. The best example of this is receiving an injury in the course of life-saving care, such as a broken rib from chest compressions or a sore throat from intubation. Because these risks are established as possible results of certain life-saving medical interventions, they do not generally qualify for malpractice unless other circumstances are met.
How Can Your Malpractice Claim Be Successful?
With the help of an experienced attorney, your malpractice claim can be successful as a settlement or as determined by the courts. There are several factors that are necessary for your malpractice claim to be successful. For example, proving medical negligence with evidence from witnesses and documentation is essential. Other components include:
- Establishing a proper standard of care and the providers duty to conform with the standard
- Proving a standard of care deviation by the provider
- Proving that the medical negligence caused injuries, death, and other damages
- Proof of damages, both economic and non-economic
The standard of care is especially important in malpractice cases, as it will establish the basic medical treatment and attention required to provide patients with care that is considered standard by the medical field. A reasonable standard of care is agreed upon by medical professionals and by the law, so any deviations from this standard can essentially prove that your physician, nurse or medical facility was providing substandard or negligent care.
If you have been injured in a medical setting, then you may be able to make a claim for medical malpractice. Ultimately, this means that you may be entitled to compensation for economic and non-economic damages as a result of improper care or treatment from a physician, if you can prove that the malpractice caused your injuries. For more information about how an experienced medical malpractice lawyer can help you get justice, please contact Peter Angelos Law in Baltimore, MD today.