Everything That A Medical Malpractice Lawyer Does


The role of a qualified medical malpractice attorney is different from other personal injury attorneys. Given the fact that medical malpractice cases are not as common as other personal injury cases, it is imperative to find the right lawyer who can fight for you to get compensation for your medical and financial costs.

If you or someone you know was injured as a result of medical malpractice, research and read everything about what a medical malpractice attorney does.

Then, the first question you should ask after making a list of attorneys to contact is how well-recommended the prospective attorney is based on reviews by past clients, especially people that you may know who can give you a personal recommendation.

Medical malpractice may be a foreign concept to you. Thus, one of the most excellent ways to find a competent attorney to help you understand it is by having a list of expectations as well as questions and by obtaining a recommendation from someone that you personally know.

So, if you have anyone on your contact list who is connected to a good such as through your relative or close friend, you can contact the attorney for more information about whether they can handle your case. If that attorney cannot handle your case, it may be wise to ask him or her to recommend or be referred to another attorney.

Who does a medical malpractice attorney do?

Medical Malpractice Lawyers litigate lawsuits on behalf of clients who are victims, family members or the next of kin of victims that experienced medical malpractice.

The main focus is whether you or your next of kin has the ability to sue medical practitioners for malpractice that caused injury or death while providing medical treatment. Malpractice happens to be a term referring to professional misconduct. In the medical industry, malpractice involves negligent acts committed by medical professionals such as nurses, doctors, therapists, dentists, technicians, and any other healthcare professional.

Medical malpractice cases can arise from birth trauma, surgical error, anesthesia error, medical misdiagnosis, failure to obtain informed consent from the patient before the treatment, unreasonable delays while treating diagnosed conditions, and more.

How does a medical malpractice lawyer work?

Medical malpractice attorneys perform the day-to-day tasks of quintessential civil litigation to help clients get compensation for their damages. They work on cases where a civil legal violation exists but a criminal charge may not.

In fact, civil litigation attorneys such as medical malpractice lawyers are the ones who spend more time interviewing clients, witnesses, conducting investigations, gathering evidence, developing the required trial strategies, drafting motions, and even litigating or settling cases.

How can the medical malpractice lawyer work to prove negligence?

The most fundamental reason to talk to an experienced attorney in regard to a medical malpractice claim, is to hire him or her to help you prove  negligence in your case. Given the type of liability theory in these cases, proving negligence and fault is essential. Attorneys generally need to prove the four elements of medical malpractice successfully:

The medical professional’s “duty of care” towards their patient. It’s established through the fact that the plaintiff had a doctor-patient relationship with a physician or other licensed medical professional at the time of the injury.

Also, the plaintiff needs to show that when the doctor offered medical treatment, the doctor owed the plaintiff a legal “duty of care” to provide treatment without harming the plaintiff while doing so.

Also, the plaintiff has to define and identify the standard of care based on the established medical standards of practice that are applied to all physicians under the same circumstances. There may be a greater duty of care depending on the laws and standards of practice within one jurisdiction compared to another.

The occurrence of a “breach of duty” in medical malpractice. The medical malpractice attorney will also need to prove that the medical professional breached the “duty of care” owed to the plaintiff (here, the patient) by failing to follow the accepted standard of medical practices at the time he or she rendered medical treatment to the plaintiff.

The lawyer would also have to prove causation. Causation refers to the actual and proximate reasons, acts and circumstances that show how the victim’s damages came about as the result of the medical professional breach of the standard of care owed to the plaintiff.

The attorney will also have to show that the plaintiff incurred actual injuries and damages that resulted from the healthcare provider’s breach of duty such as physical injury, mental and emotional damages.

How does the medical malpractice attorney build the case?

To prove the elements of a case for malpractice, the lawyer takes different steps, such as:

  • Taking depositions and statements of the medical professionals, the plaintiff, witnesses and even expert witnesses who may have testimony that is relevant to that particular case.
  • Gathering and analyzing medical records.
  • Conducting research that is relevant to the injuries of the plaintiff.
  • Working according to the medical experts to develop the case theories and review the expert reports. Additionally, he or she may also retain expert witnesses to support the plaintiff’s case in the court (when and if the situation persists), such as helping to establish the standard of care or the extent of damages.
  • The lawyer may also set up and accompany the plaintiff to attend  independent medical examinations (IMEs) to gain objective evaluations of the injuries sustained by the plaintiff.

When should you hire a lawyer?

The following times are when you should hire a medical malpractice attorney to advocate for your rights:

  • Failing to identify or misdiagnosing a medical condition. This can lead to a fatality or cause serious bodily injury.
  • When there are medical errors, they can include the failure to administer the correct treatment, medication or proper dosage, or both.
  • Committing a mistake with the amount of anesthesia needed during any medical procedure.
  • Surgical errors made before or during surgery, including damages to an organ or operating on a wrong body part or leaving a foreign object, or even failure to maintain a sanitary environment and surface that could cause infection..
  • Birth injuries that occur to unborn babies, or to the mother due to the negligence of a healthcare professional.

Although doctors have the skills and license to render lifesaving medical treatment, no one is perfect. They also make mistakes. If you are a doctor or know a doctor or other medical professional, you know that nothing can replace a person’s life.

If a doctor has committed medical malpractice, you have the ability to file a malpractice claim against them to get compensation for your damages and losses.

Consult a reputable Fort Lauderdale Personal Injury Lawyer from Berke Law Firm, P.A. and discuss your case without any hesitation. We have a strong legal team that can address your medical malpractice related needs. Our services are not just limited to medical malpractice. You can consult us for all types of personal injury cases.

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