Medical malpractice can occur due to professional misconduct, incompetence, or negligence by a health professional. Such acts of omission and commission may result in injuries, disabilities, and death of the patient. In such cases, one can engage the services of a medical malpractice lawyer to sue the medical practitioner responsible for the professional misconduct. So who are medical malpractice attorneys, and what do they do?
Who Is a Medical Malpractice Attorney?
A medical malpractice attorney is a specialized lawyer who represents plaintiffs who incurred injuries from medical malpractice. In this case, malpractice defines professional misconduct by a medical professional. Such healthcare providers include doctors, nurses, therapists, dentists, or surgeons. Typically, the attorney's work is to prove that the damages incurred by the patient occurred due to avoidable misconduct by the health professional.
The following situations may lead to medical malpractices:
- Medical misdiagnosis
- Anesthesia error
- Surgical errors
- Birth trauma
- Lack of informed consent in treatment
- Delays in emergency treatment
Services of A Medical Malpractice Attorney
Establish Duty of Care
The medical malpractice attorney must primarily prove that a particular medical professional had a duty to care for the patient. The lawyer gathers records showing that the patient received treatment in a specific facility and was attended to by a particular medical practitioner. Usually, the attorney takes depositions from other hospital personnel and third parties to show that the medical personnel offered medical treatment. Generally, the assumption is that when a doctor provides treatment, they must care for the patient.
Establish Medical Injuries
The medical malpractice attorney must then demonstrate that the plaintiff did suffer actual injuries. Ordinarily, the lawyer begins by researching the plaintiff's medical status at the time of treatment. Such evidence may include medical consultation and diagnosis reports. Subsequently, the lawyer organizes an independent medical examination to evaluate the injuries sustained from the treatment or lack of care.
Establish Breach of Duty
Having established the duty to care and the existence of injuries, the medical malpractice attorney must then show a breach of duty. This step involves gathering evidence to show a relationship between the standard of care and the victim's injury. Typically, this task requires extensive research and evidence. Thus, the lawyer gathers and analyzes medical records such as doctor's notes and prescriptions. Then, the medical malpractice attorney works with other medical experts to develop case theories and expert reports to support the plaintiff's case.
You have an ethical duty to end medical negligence and incompetency. If you suspect or suffer injuries due to medical malpractice, seek justice. Hire the services of a medical malpractice attorney to learn more about how to get compensation for physical and mental suffering.