Whenever you go to the doctor, you are placing your trust in that person. They might recommend further examinations and procedures that will have your trust extended to even more medical professionals. In a medical malpractice suit, there was a lax in the standard of care delivered to a patient from a healthcare professional. Because of that negligence, the patient was either injured or died. Do you know what is considered an acceptable “standard of care?” A medical malpractice lawyer would know and that is where they will begin to build a case on your behalf.
Gathering Evidence
While are you focusing on recovering from the incident, your medical malpractice lawyer will be working hard gathering evidence to support your claim. This will include collecting all the medical records and your personal medical history. It can also mean delving into the history and practices of a medical institution or individual doctor. That alone is a lot of work.
Once it has been established that negligence did occur, your lawyer will present you with several options. The first will be discussing the potential value of your claim. It is extremely difficult to place a price on pain and suffering especially when it is related to the loss of a loved one. However, an experienced malpractice attorney will know the acceptable range of reimbursement.
Discussing The Options
Before moving forward with your suit, your attorney will present you with two basic options: Settling the claim or going to court in a formal lawsuit. In some cases, going to court might be your only option. However, if there is a chance to settle, then your lawyer will enter into discussions with the insurance company of the defendant. If a fair amount can’t be settled on, then you can move forward with the suit by filing the papers in court. During the trial, your lawyer will be representing you by presenting the gathered evidence and challenging the assertions made by the defense.
The Complications Of Medical Malpractice
Any type of suit can be complicated from a legal perspective. When you enter into the realm of medical malpractice, those complications increase. The goal of your attorney will be to break down the evidence in terms that a jury can understand. The ability to reach a jury comes with experience. Having a working knowledge of the healthcare industry is also an important quality you’ll find with a malpractice lawyer.
The Emotional Component
If your suit involves the loss of a loved one, then you’ll be processing your grief. If it relates to further injury, then you’ll need to focus on your recovery. Either way, you’ll be dealing with a lot of emotional issues. That last thing you want to worry about is stressing over the details of your lawsuit. That is what your malpractice attorney will be handling.
A medical malpractice claim could take a long time to make its way through the system. Even if you can avoid a lawsuit there will be weeks and months of depositions and negotiations to arrive at that final settlement. Through it all, you’ll be able to depend on your lawyer for insight and information. If there is any change in your case, your lawyer will let you know right away. With so much at stake, you don’t want to leave anything to chance. Having a skilled medical malpractice lawyer on your side will bring you peace of mind.
