If you’ve been injured through the negligence of a doctor or hospital system, your first priority is to heal and receive appropriate treatment https://www.rosenfeldinjurylawyers.com/ for your injury, whether that’s surgical revisions or physical therapy. However, as you recover, you might wish to seek compensation for the injustices done to you, in which case you’ll want the help of a competent and passionate law firm who can review the case and negotiate a proper settlement.
The law can be confusing, which is why the assistance of a great law firm is essential to getting justice. Here’s what you need to know to find the best lawyer for medical malpractice cases.
What is medical malpractice?
Medical malpractice falls under the field of personal injury law, which is a subset of the legal system designed to help victims receive compensation for accidents or intentional acts of malice. Personal injury law includes things such as car accidents, workplace injuries, dog bites, and manufacturing flaws that cause bodily injury; it can also include character defamation, which is when a lie damages a person’s reputation or career.
Encompassed in personal injury law is medical malpractice, which is when a person is injured through the negligence or malice of anyone in the medical profession. This can include medication errors, improperly performed surgeries, or abuse by a medical professional.
While some believe medical malpractice only refers to the mistakes or negligence of a surgeon, it can include anyone who is in the healthcare profession, including nurses and pharmacists.
How is medical malpractice proven?
There are three important factors that determine whether or not an injury is caused by medical malpractice; all three must be present for a case to be valid.
The healthcare professional did not act according to standards of care. Every medical professional must adhere to certain standards of care, which have been set by their specific specialty. In essence, the doctor must provide the level of care that could be expected from a competent and reasonable professional in their field. If they fail to reach these standards, it may be considered medical malpractice.
The injury was caused by negligence. For a valid medical malpractice case, it must be proven that the person was injured and that the injury came from negligence. In other words, if negligence happens and the person isn’t injured, that’s not malpractice; likewise, if the person is injured but there was no negligence, it’s also not medical malpractice. A poor outcome from surgery, or a failure to meet standards of care, isn’t enough on its own: they have to occur together for there to be medical malpractice.
The injury caused significant damage. Because medical malpractice cases are hard to prove and expensive to litigate, it’s important that there be serious consequences to the medical malpractice before seeking damages. This can include permanent or long-term disability, significant medical bills due to revisions or other treatments, loss of income, and emotional hardship.
How does one find a good medical malpractice lawyer?
Once you’ve determined that you have a medical malpractice case, you can begin researching local lawyers specializing in medical malpractice. Look for a law firm with extensive experience arguing medical malpractice cases, especially those similar to your own case; for example, if you were seriously injured due to an improperly filled prescription, look for lawyers whose case record proves that they’ve successfully negotiated settlements for medication errors. Since not every medical malpractice case requires the same information, it’s important that you find a law firm that understands what’s necessary to argue a specific case.
You can begin your search for a medical malpractice lawyer through online reviews of websites, then reach out to several whose background proves they have the experience to successfully negotiate your settlement. Many law firms provide free consultations to prospective clients, which is a great time to gauge their experience as well as get feedback on whether they feel your case is a good fit for their team.
What do you need to provide to your medical malpractice lawyer?
Most importantly, you need to provide as detailed of medical records as you can, including before, during, and after the injury. What type of information is needed will depend on exactly what type of medical malpractice you experienced, but may include:
- Prescription records
- Hospital visits
- Mental health diagnoses and evaluations
Your lawyer will explain what kinds of records you need to provide, and they may request them on your behalf with your written permission. It’s always best to provide too much information rather than too little, so offer anything you may be of use, including letters to and from your physician.
You’ll also want to provide financial documentation of how the medical malpractice has impacted your life. This could include:
- Insurance information, including benefits and coverage
- Hospital bills and bills for other therapies, such as physical therapy
- Pay stubs to prove loss of wages
Finally, your lawyer may ask you to write an impact statement explaining how the medical malpractice has changed your life. As you work through the case, consider writing down what you remember before and after the injury, as well as how you feel as you recover. This may prove very useful in arguing for emotional damages.
Final thoughts
Medical malpractice is a devastating and life-changing event, one which can completely alter your career and personal trajectory. However, you don’t need to fight this injustice alone. By learning what medical malpractice is, hiring a competent attorney, and providing the proper documentation, you can ensure that those who harmed you receive the appropriate consequences for their negligence.
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