4 Aspects of a Medical Malpractice Lawyer

7 min read

You visit a doctor as the result of an accident or injury. While the medical care you receive is usually successful on putting you on the path to recovery, sometimes unfortunately a doctor’s care can be ineffective or worsen your condition.

When this occurs, you may make the decision to seek compensation for things such as lost wages and additional medical bills. You cannot do this alone tough and you will need a lawyer experienced in medical malpractice to assist you. Below are ways such a lawyer can assist in ensuring you get the compensation you need and deserve in a medical malpractice lawsuit.

1. Experience

When it comes to hiring an attorney for a medical malpractice lawsuit, you obviously need someone who is familiar with the law and knows what he/she is doing. For example, you would not seek the services of a lawyer whose area of expertise is family or criminal law.

A medical malpractice lawyer is experienced and knows the laws that are applicable to your case. He/she also knows what facts need to be proven in order for you to be successful. These include demonstrating that a doctor-patient relationship existed, the doctor was negligent, the doctor’s negligence caused your injury, the damages sustained were a direct result of the injury, the doctor provided improper treatment, and he/she failed to warn you about any known risks.

Your medical malpractice lawyer will do their best to prove these facets and in turn give you the best chance of receiving the compensation you deserve.

2. Evidence

You may think that your medical malpractice is obvious and straightforward. However, the fact is you need to prove it in court and without ample and powerful evidence, you may not get the outcome you seek.

A medical malpractice attorney knows what evidence is effective in such lawsuits and will do his/her best to seek it out. This can include medical records pertaining to your condition and treatment given, witness statements, and testimony given by an objective doctor. Your lawyer will also have connections with investigators who can look into your case and gather additional evidence that would boost the credibility of it.

3. Representation

In many medical malpractice cases, settlements are offered by the defence team with goals of putting the matter behind them and avoid a lengthy and expensive trial. However, if the settlement is not agreeable to you and/or your lawyer, the matter will be taken to trial for a judge to decide.

The medical malpractice lawyer you hire will be skilled in a courtroom and able to effectively represent your interests. This will include making valid arguments, questioning people testifying on behalf of the defence, and drawing attention to important facts through statements given by those testifying for you. Your attorney will also be able to coach you on how to testify in the likely event that you are called to the stand.

4. Compensation

The compensation you receive is important because it may be the only financial means you have at least until you are able to support yourself again. Therefore, you need to do your best to maximize the amount that you get.

A medical malpractice attorney can assist you in taking account of all of your financial obligations and putting a dollar value on the compensation you need. If the defence team offers to settle, your attorney can review the offer, match it to what you need, and then advise you to accept, reject, or counter-offer. The attorney will also factor in their fees to the compensation requested to ensure you are not left short post-judgement.

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