Four Ways A Lawyer Can Help In Your Medical Malpractice Case


Medical malpractice is more common than you would realize. Every year approximately 250K patients lose their lives due to the negligence of medical professionals. Not to mention, if someone were to survive medical negligence, they would have to live the rest of their lives with impairing disabilities. It’s terrifying to think that the very people we entrust with our lives during a critical procedure would end up causing the most harm.

What to do in case of medical malpractice?

Surgical errors, incorrect medical diagnosis, errors in anesthesia, delayed treatment, and failure to get informed consent before the procedure are all examples of medical negligence that can leave patients with lifelong injuries. It’s undoubtedly devastating to suffer debilitating injuries that could have otherwise been avoided. Although you can’t change what’s already occurred, you have complete control over the rest of your actions.

If you or a loved one has suffered injuries due to medical negligence, it’s time to take action against those who caused this injury instead of giving into despair and hopelessness. Filing a malpractice case will allow you to pursue justice and get financial compensation to support your medical costs and improve your quality of life after injury. 

For example, if your child suffered birth injuries due to medical malpractice, you have every right to pursue legal action against the healthcare professionals who performed or assisted with the procedure. However, winning a medical malpractice lawsuit is never easy. To get the court to rule in your favor, you must build a strong evidence-backed case, which is only possible by finding an attorney with years of expertise and experience in court. 

Today, we present four ways a medical malpractice attorney can help you pursue justice. Keep scrolling if you wish to learn more.

1. They have the expertise to prove your case

Since a medical malpractice lawsuit can give a devastating blow to the careers of the medical practitioners involved, you can only win the case if you prove that malpractice. Hence to win a medical malpractice lawsuit, you need strong evidence. But even before that, you need to know the legal details attached to your case to ensure you build a strong case against your proponent.

Every medical malpractice lawsuit must meet stringent requirements to prove medical malpractice, so consulting your attorney can help you determine whether you meet the criteria. Medical malpractice cases are complex by nature, and your attorney can help you effectively navigate the complicated legal process as they know every legal requirement for proving medical malpractice. Four of the most important criteria for proving malpractice include:

  • Duty of care, i.e., the healthcare professional’s responsibility to ensure your safety while you’re under their care
  • Causation, i.e., the healthcare professional’s action or inaction, directly resulted in the injuries you suffered
  • Deviation from standard care, i.e., the healthcare professional didn’t follow the best practices that could have helped you avoid sustaining injuries
  •  The result of negligence, i.e., your injuries, were caused by the healthcare professional’s inability to provide optimal care
  • They can help you secure strong witnesses

In medical malpractice lawsuits, witnesses are just as crucial as having evidence to support your claim. Testimony from an expert witness is often pivotal in such cases and bolsters a plaintiff’s position by presenting the court with their informed opinion as an expert medical professional. The ideal witness should be reliable with at least as much experience, if not more, as the medical professional in charge of your procedure. However, you would have difficulty finding and reaching out to such witnesses on your own, but an experienced attorney would have no trouble finding them for you.

For example, if you suffered impairing injuries during a surgical procedure and want to file against the surgeon involved, you’ll need a surgeon with more training and experience as your witness. The witness can substantiate why the operating surgeon should be held responsible by detailing what went wrong with the procedure. The witness must explain the circumstances to the jury in an understandable manner to ensure they grasp the intricacies of the case.

3. They will help you claim compensation for your damages

Once you have a strong case for medical malpractice, you can get compensation for the injuries you suffered. However, there are limits on how much you can claim and the different types of settlements available to you. By consulting a lawyer specializing in medical malpractice, you can determine your legal options regarding the damages you can claim and your rightful compensation. You must understand your legal options to get the court to rule in your favor.

There are three types of damage claims: general, punitive, and special. General damages include compensation for misery and anguish and loss of earnings. Due to their elusive nature, it is often necessary to rely on the testimony of expert witnesses. Special damages include medical bills, loss of income due to time away from work, and the cost associated with disability modifications. To prove special damages, you need relevant documentation and receipts. For particularly egregious medical malpractice cases, the court may award “punitive damages,” intended to punish the negligent healthcare provider.

4. They’ll have the experience to help you win

A court trial is a time-consuming and expensive process, so most people prefer to get their cases settled out of court. However, litigation may be inevitable in more complex circumstances or when the healthcare practitioner disputes liability. In such a scenario, you should only walk into a trial with a qualified attorney, as the provider will likely have a team of lawyers ready to defend them.

An experienced legal team on your side significantly increases your chances of success should your case go to trial. An experienced attorney will have the court experience to defend your stance. They’ll know precisely what proof they need to see from whom to believe your claim.

Bottom Line

Medical malpractice lawsuits are notoriously difficult to prove in court. Therefore, finding a qualified attorney who can help you build a strong case is essential. A malpractice attorney will negotiate with the provider in your stead, outlining the legal basis for duty and liabilities. In the worst-case situation, they may act as legal counsel and defend you in court.

If you or someone you know has suffered from medical malpractice, seeking legal counsel is essential to pursue justice and effectively get the financial compensation you need. 

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