Malpractice pertains to an unreasonable lack of knowledge and skill or professional misconduct. Facing a medical malpractice case can be a tragic experience, most especially if a loved one got severely injured or died. While it takes long years of education and training to become a licensed doctor or surgeon, medical malpractice still happens because of different factors. Practicing traditional medical practices and not adopting modern and advanced technologies may pose risks, like bleeding, more complications, and longer recovery times.
In this post, you’ll learn how a lawyer can help you face a medical malpractice case, so you’ll be guided on the next steps to do.
Medical Malpractice Lawyers Perform the Daily Tasks of A Civil Litigator
A medical malpractice lawyer, like Snapka Law Firm, litigates lawsuits and handle cases based on the negligent conduct of professional healthcare workers, like doctors, dentists, nurses, therapists, and technicians.
Medical malpractice cases may include birth traumas, surgical errors, anesthesia errors, medically wrong diagnosis, unreasonable treatment delay, or not getting a patient informed consent before treatment. A medical malpractice lawyer can help you file a lawsuit against negligent parties, which may include physicians, insurance companies, hospitals, managed care organizations, doctor’s groups, clinics, and medical corporations.
A medical malpractice attorney is a type of personal injury attorney who performs the daily tasks of a civil litigator, including the following:
- Work with various medical experts to create expert reports, develop case theories, and obtain testimonies to support your case.
- Take medical experts’ depositions, including medical personnel and third parties.
- Take depositions of defendants and plaintiffs.
- Gather and analyze medical records.
- Set up independent medical examinations or IMEs for a more objective evaluation of the injured plaintiff’s condition.
- Perform medical research that relates to the condition of the plaintiff.
- Work with legal nurse consultants in deciphering doctor’s notes, reviewing medical records, analyzing case merits, and accompanying the plaintiff to IMEs (independent medical examinations).
A Lawyer Can Help You Understand Traditional and Modern Medical Malpractice
A study examined the relationship between malpractice insurance premiums and health information technology (HIT) investment. The findings show that health information technology could lower malpractice insurance premiums in hospitals and may reduce patient malpractice claims. Also, HIT may lower hospitals’ malpractice insurance expenses. A malpractice lawyer can help by identifying loopholes in the current health information processes in hospitals and medical facilities that could have resulted in malpractice cases.
With fast-paced digital health, medical interventions, and procedures, there could be loopholes in a hospital’s patient care process that could lead to negligence and medical malpractice. Lack of human interventions and relying on merely hospital devices and equipment can miss tender loving care. By hiring a lawyer who’s specialized in medical malpractice cases, you’ll be given expert advice on the best course of action to take.
A medical malpractice lawyer should be knowledgeable about the current trends in healthcare, including health information technology (IT) and malpractice insurance premiums (MIPs). In that way, all aspects of communication by healthcare workers will be carefully reviewed to find out any gaps to establish a strong case. Does the hospital implement health IT that should have reduced medical error? How does the hospital handle malpractice insurance premiums?
A Lawyer Can Help You Get the Maximum Compensation Benefit
One of the legal remedies of a malpractice case is providing compensation to the victim. Monetary damages are paid by the defendant to the plaintiff or injured victim. It’s intended to compensate the victim for any losses brought about by medical malpractice, such as hospital bills, pharmaceutical costs, and lost work wages.
A lawyer can help you prove the occurrence of actual medical malpractice. Your medical malpractice lawyer will show the damages that result from medical malpractice. The damages caused by medical negligence or malpractice has a price tag needed to be reimbursed to the plaintiff.
Here are three different types of medical malpractice damages that a patient may recover to get the maximum compensation benefit:
- General Damages: Physical injury, mental pain, loss of enjoyment, and loss of earning capacity due to the medical defect
- Special Damages: Past medical expenses and future medical bills
- Punitive Damages: You may recover punitive damages if the actions of the doctor or healthcare professional were malicious or willful.
If you or your loved one has been a victim of medical malpractice, a lawyer can help you fight for your rights and your best interest. From gathering sufficient evidence, interviewing potential witnesses, talking to medical experts, to taking a medical malpractice case to court, your lawyer can help you win your case.