When you go to a doctor for a diagnosis or a medical procedure, you expect them to provide consistent, professional care. A medical practitioner who fails to provide care consistent with their field can be liable for illness or injuries they cause.
If you or a loved one suffered from a medical practitioner’s malpractice, you can seek compensation through a medical negligence lawsuit. A personal injury lawyer can provide crucial legal representation in medical malpractice claims.
Understanding the role of a personal injury lawyer in medical malpractice cases can help you make informed decisions and successfully seek financial recovery.
Proving Negligence by a Medical Provider
A medical malpractice lawsuit relies on proving the medical practitioner was negligent. A personal injury attorney can establish the four critical elements of a medical negligence case:
Standard of Care
Medical providers have a duty of care to their patients. They must provide diagnosis and treatment in accordance with the standard of care for their field. Your medical malpractice lawyer will use documentary evidence to show that you were a patient of the negligent practitioner, and they, therefore, owed you a duty of care.
Breach of Duty
A doctor or other medical professional who fails to provide the standard of care can be liable for any injury or illness their patient suffers as a result. A personal injury lawyer will use medical records, witness statements, and expert testimony to show that the medical provider failed to adhere to accepted standards.
To file a successful medical malpractice claim, you must prove that your healthcare provider’s violation of their duty of care directly or indirectly caused your injury or illness. Your medical malpractice attorney will review your medical records and other documentation to establish a causal relationship between the medical provider’s negligence and your injuries.
A medical malpractice claim aims to recover monetary compensation for damages you suffered due to a healthcare provider’s negligence. Your attorney will gather evidence, such as medical bills and financial statements, to prove damages you suffered due to a medical professional’s malpractice.
Calculating Losses in Your Medical Malpractice Case
The primary role of an attorney in medical malpractice cases is to pursue the full scope of damages on your behalf. They aim to ensure you do not pay out of pocket for injuries caused by a medical practitioner’s negligence. Damages you can recover in a medical malpractice claim include:
- Medical expenses
- Lost current and future income
- Pain and suffering
- Emotional anguish
- Diminished quality of life
Gathering Evidence to Build Your Medical Malpractice Claim
Your medical malpractice claim depends on providing proof to support each of the four elements of malpractice. An attorney familiar with medical malpractice lawsuits will help you compile evidence to substantiate your claim. Such evidence may include:
- Medical bills, invoices, and receipts
- Proof of income loss, such as pay stubs and bank statements
- Medical records
- Witness statements
- Expert opinions
Testimony from medical experts is especially crucial for establishing negligence. A medical malpractice lawyer can hire medical professionals to explain standards of care and violations thereof.
Negotiating a Fair Settlement With a Malpractice Insurance Carrier
Most medical professionals carry malpractice insurance. Your attorney will handle negotiations with the insurance company and legal counsel for the medical provider. You can rely on a personal injury lawyer with medical malpractice experience to handle phone calls, emails, correspondence, and document requests related to your claim.
While you focus on recovering from your injuries, a medical malpractice attorney can represent your interests during negotiations and in the courtroom.
Pursuing a Medical Negligence Lawsuit
While most personal injury cases settle out of court, filing a medical malpractice lawsuit serves two purposes. First, it shows the medical practitioner and their insurance company that you are serious about recovering a fair settlement. They may tender a more reasonable settlement offer to avoid expensive court proceedings.
Secondly, filing a medical negligence lawsuit ensures you do not miss the statute of limitations in your state. Missing this deadline could compromise your ability to secure fair compensation for medical malpractice injuries.
Meeting Legal Filing Deadlines for Medical Negligence
Most medical malpractice lawsuits must be filed within a specific period of time. The time limit may start from the date your injury occurred. Sometimes, the countdown to the statute of limitations begins when you become aware of the illness or injury caused by medical malpractice.
A personal injury lawyer who focuses on medical negligence cases will know how to gauge the legal deadlines for your case. They can help you understand which legal time limits apply and advise of your best legal options for pursuing justice and fair compensation.
Schedule a Free Consultation With a Personal Injury Lawyer Today
If you or someone you love sustained injuries due to a medical provider’s negligence, KJT Law Group’s personal injury attorneys can help you seek compensation. Contact our office today to schedule a free consultation with one of our dedicated medical malpractice attorneys: (818) 507-8525.