A medical malpractice lawyer represents people who have suffered injury or death as the result of alleged misconduct by doctors and other health care professionals. These lawyers are able to advise victims of the best course of action following such incidents, and they can negotiate with insurance companies on their clients’ behalf. They also have a detailed working knowledge of the strategies that are used by defendants, and they are thus able to effectively counter them.
A claim for compensation for injuries resulting from a physician’s failure to adhere to accepted standards of medical practice must show four legal elements:1 a professional duty owed to the plaintiff; 2 breach of that duty; 3 injury caused by the breach; and 4 resulting damages. In most cases, physicians will have to be formally served with the summons and complaint before a court can decide whether the alleged negligence has occurred. The attorney serving the lawsuit must also submit a certificate of merit, which is a document that states that he or she has consulted with an expert in the field of medicine involved in the case and that the expert agrees there are grounds for bringing a claim.
The most common type of medical negligence involves surgical errors. For example, a physician may perforate the colon during a colonoscopy, which can cause serious injury and complications. A patient who suffers such injuries can seek compensatory damages for the resulting pain and suffering, medical expenses, lost income, and emotional trauma.
An additional claim that can be filed in a medical malpractice case is one for wrongful death. This occurs when a person dies as the result of medical malpractice, and the family can pursue financial compensation for loss of companionship, funeral expenses, and other damages.
Other types of medical malpractice include misdiagnosis, failure to diagnose, and delay in treatment. Patients who suffer these types of injury or resulting damage can seek compensation for their physical and psychological pain, as well as past and future losses in the form of medical expenses, income, and benefits.
Many cases of alleged medical malpractice involve insurance claims. In such cases, the victim or a representative of their estate must file a claim with the insurance company within the statute of limitations, which is usually two to three years. This deadline cannot be extended, so it is important to consult with a Medical malpractice lawyer as soon as possible after the suspected incident has taken place.
A medical malpractice lawsuit can be complicated, and the legal process is often lengthy. A qualified attorney can help guide clients through the entire process and ensure that all legal documents are properly filed in accordance with the law. An experienced lawyer will be able to negotiate on the client’s behalf, and can make sure that they receive full compensation for all of their damages. In addition, a legal professional can also assist the client in dealing with hospital or clinic staff and in getting more information about their case.