Get the Best Experience and Resources With Our Medical Malpractice Law Firm
Mistakes happen in every occupation, but some professional mistakes can have heavier consequences than others. For example, mistakes in a medical setting can result in harm to the patient being treated, even to the point of causing life-threatening injuries, lifelong disability, or wrongful death. In the event that you need to file a medical lawsuit, your best strategy will include contacting an expert medical malpractice law firm.
Get the Best Experience and Resources With Our Medical Malpractice Law Firm
On the surface, a medical malpractice lawsuit seems like a simple case – simply provide evidence that the physician didn’t conform with the correct standard of care, and then you can be awarded the settlement you deserve. However, malpractice lawsuits are rarely ever this simple. There are several legal barriers that must be overcome to have a successful outcome and that’s why you need an experienced team working on your case.
So, how does it work? There are several things an experienced legal team can do to help you fight and win your malpractice case. After a case evaluation, where legal experts will look at the facts of your case to determine if your circumstances qualify as a medical malpractice claim, certain steps will be followed to build your case to prepare for a settlement or court hearing.
Investigate the Claim
Your legal team will investigate your medical malpractice claim. Essentially, this means the facts about your case will be gathered so your legal team can have a full picture of the incident related to your claim.
This portion of building your case is essential as it will collect evidence, including the events surrounding your claim, the people who were involved with your claim, any history that the physician in charge of your medical care has previous malpractice claims, and medical documentation that will prove the standard of care was breached.
Witness Testimony
In medical malpractice lawsuits, the testimony of other medical professionals – both those involved in the malpractice incident and those not involved – can carry a lot of weight since other medical professionals will be aware of what a deviation from standard care would look like. Your legal team will talk to other medical professionals who were both involved and not involved in your treatment to gather information, including nurses, hospital or facility administrators, and other doctors.
Oftentimes, it will become necessary to hire skilled medical experts who practice out-of-state to ensure that there are no conflicts of interests or preexisting relationships with those potentially negligence providers. While this can be costly, it is quite effective since the testimony of qualified professionals with no preexisting relationship with either party is very effective in supplying credible testimony for the jury to consider.
Current Medical Records
Depending on your case, it may also be helpful to rely on your current medical records to prove that medical malpractice has negatively impacted your quality of life. Most medical malpractice actions result in permanent injuries or disability, so using your current medical records and medical bills can paint an informative picture of your current quality of life.
Prove Negligence
The biggest portion of your case will be to prove that certain medical professionals and/or facilities were negligent in your care and treatment. Medical negligence can look like many things, such as the physician or nurse not being responsive to your care. Negligence in a medical setting can include a failure to diagnose a patient, improper or unapproved medical treatments, failure to warn a patient of the risks associated with treatment (such as with surgery), and much more.
Why Are Medical Lawsuits Difficult to Prove?
Even if you feel a medical professional has provided substandard care and you are dealing with the impact of medical negligence, it may still be difficult to prove you have a viable a medical malpractice claim. Medical malpractice lawsuits are considered the most complex portion of personal injury law, particularly because a lawyer must be knowledgeable about the technical aspects of the medical field, including the standard of care that is adequate in particular situations.
Perhaps the most challenging part of this type of litigation is proving the negligence of a medical professional. However, at the end of the day, proving negligence comes down to proving that the medical professional’s judgment was so flawed that the standard of care was breached in your situation.
Explaining the Standard of Care
The standard of care is actually a legal term that is used in medical malpractice lawsuits that refer to the reasonable, expected actions medical professionals are supposed to take in rendering patient care.
For example, a reasonable standard of care would be providing a correct diagnosis or treatment plan and monitoring the patient’s care. Any deviations from the standard of care can mean the medical professional was negligent and that can be used as evidence in a malpractice lawsuit.
What Are the Core Components of a Medical Lawsuit?
Gathering evidence to build your case and having proof of medical negligence are two important aspects of proving medical malpractice, but these aspects are far from the only components that will be involved in a successful case. To win a medical malpractice lawsuit and get the compensation you deserve, your legal team will have to meet certain criteria, including:
- Outlining the standard of care and the provider’s duty to comply with it
- Proving there was a breach of the standard of care
- Evidence of injury or death caused by medical negligence
- Damages related to the injury or death of the patient
Each of these core components must be proven with documentation or testimony. In certain circumstances, injuries related to life-saving actions may not qualify for medical malpractice. For example, properly administering CPR may actually result in bruised or broken ribs because of the amount of pressure necessary to correctly perform chest compressions. In a case like this, it would be difficult to prove medical malpractice since the care was rendered in an emergency setting to save a life.
What Are Damages Related to Medical Malpractice
If you are filing a medical malpractice lawsuit, then it’s likely that you will be seeking compensation for damages you have suffered related to the incident. Damages in malpractice lawsuits can refer to many things, including economic and non-economic factors. For example, pain and suffering is a common result of medical malpractice. Other damages can include:
Medical Bills
The monetary damage of high medical bills for current and future treatment is the most common damages paid in a medical malpractice lawsuit. Medical bills can refer to the payment for surgery to correct the injury, home health care costs, physical therapy, and occupational therapy.
Loss of Wages
Loss of current wages and loss of future earning capacity are also damages that can be claimed in this type of lawsuit. Typically, this claim is made when the patient suffers a temporary or permanent disability as a result of the injury. These damages will often compensate for the estimated earning capacity the patient would have had over a lifetime if not for medical negligence.
Wrongful Death
Wrongful death is the most profound result of medical malpractice. Typically, loved ones of the patient are the people who file wrongful death claims for medical malpractice. Wrongful death typically occurs when the physician fails to treat or diagnose the patient in a timely manner, or when actions of the medical professional result in loss of life that would be preventable if the standard of care was observed.
Medical malpractice lawsuits are difficult to win, but with the right legal team, it’s possible to successfully reach a settlement. Your legal team will gather evidence and build a case for medical negligence that will help you secure a settlement that will cover all of your damages, both economic and non-economic. For more information about how the best medical malpractice law firm can help with your medical lawsuit, contact Peter Angelos Law in Baltimore, MD today.