Before choosing a medical malpractice lawyer, it’s important to understand what medical malpractice law entails. Medical malpractice occurs when a health care professional, hospital or doctor causes injury to a patient while rendering medical services. In most cases, omission of treatment is also considered medical negligence and is subject to litigation.
Approximately 225,000 people die yearly as a result of medical malpractice while others are left with lifelong injuries and disabilities. Unfortunately, only a small percentage of medical malpractice victims file for compensation. Many patients shy away because of being unaware of the legal processes and lacking a clear roadmap on how to pursue justice. The Vanderbilt medical malpractice case in Nashville is a good example of justice being served after the plaintiff received compensation for damages incurred.
Factors To Consider When Choosing A Medical Malpractice Lawyer
Medical Malpractice Experience
A good medical malpractice lawyer needs to have prior experience in similar cases. Immense knowledge and familiarity with court rules, conventions, and case laws are important as it gives an attorney the edge to win their case. Always ensure you pick an attorney that has a proven track record.
Team Of Medical Experts
Medical malpractice law is a sector that comprises both medicine and law. Thus, it’s an area that is relatively complex. Expert witnesses are usually required to help ascertain the scope of the damage and injury. Therefore, working with a lawyer who has a team of medical practitioners can increase your chances of winning the case.
Opinion On Settlement
Even though the majority of medical malpractice cases settle outside courts, an attorney who has your best interests will always opt for a trial if the settlement offer is inadequate. Out-of-court settlements are convenient as they pay fast to both the plaintiff and the attorney.
Nevertheless, the downside to settlement is they don’t always offer a fair amount of compensation. Be sure to pick a legal representative who’ll fairly represent you as opposed to being inclined in their wish.
Components Of a Medical Malpractice Claim
Several things have to be check to ascertain the validity of a particular med mal claim. The following are some of the areas med mal lawyers focus on when building a solid case.
Standard Of Care Violation
Standard of care refers to the guidelines that have been put in place by the law to facilitate responsible practice among medical professionals. Medical practitioners who deviate from these standards can be subject to medical malpractice. One of the tasks of a medical negligence lawyer is to ascertain when the doctor violated the standard of care.
Injuries As A Result Of Negligence
Besides the violation of the standard of care, attorneys also have to prove that the negligence resulted in injury. If the negligence didn’t cause any injury, then the case may risk being thrown out of court. Thus, you should pick a shrewd lawyer who would be able to prove that the injury was caused by negligence.
Significant Damages Caused By The Injuries
For a claim to be considered valid, a patient also has to show that the injury caused them significant damage. Medical malpractice cases are usually expensive to litigate. Therefore, if the damages caused by medical malpractice are significantly low, most lawyers would be unwilling to take such a case.
Choosing the right medical malpractice lawyer is usually the first step in winning a case. If you are in the process of looking for a legal representative be sure to follow the guide provided above.