If you or a loved one has been mistreated by a medical professional during the course of treatment, you may have experienced medical malpractice. Under the law, you are able to sue the healthcare provider at fault for damages to compensate the patient for medical bills, pain and suffering, and lost wages. But, you shouldn’t try to pursue a medical malpractice case without an experienced medical malpractice lawyer, or your case may not be successful.
What is medical malpractice?
Medical malpractice occurs when a physician deviates from the accepted norms of medical practice, resulting in the injury or death of the patient. This can include acts or omissions, such as failure to diagnose, medication errors, surgical errors, obtaining a disease or infection from a hospital or medical office, failure to properly inform patients of risks or consequences of treatment.
So how do you know if you have a case? Check out our post, “When to Call a Medical Malpractice Lawyer” to see if you should consider making a claim and contacting an attorney.
Why do I need a medical malpractice attorney?
Simply put, it’s hard to win a medical malpractice case. Why? Because in order to do so, you must prove the healthcare provider’s negligence and convince the jury that the healthcare provider was negligent. Often, there is very little documentation evidence, except for the doctor’s notes, which are often indecipherable. Juries too are known to be tough on plaintiffs in medical malpractice suits; medicine is complex and complicated and juries like to give doctors the benefit of the doubt.
A qualified medical malpractice attorney will have years of experience with medical malpractice cases, which is crucial, because medical malpractice is such a specialized area of the law. The lawyer will need to have access to medical experts to weigh in on the case and support the plaintiff’s claim that the healthcare provider did indeed commit malpractice. Additionally, the lawyer will need experience in dealing with insurance companies, as they are notoriously difficult to settle with, if the attorney does not have proper medical malpractice experience.
Medical malpractice suits also have a high cost of litigation–an experienced medical malpractice attorney will know this and will be prepared to shoulder the necessary costs to pursue the case.
If you’ve been injured as a result of negligent action or inaction on the part of a healthcare provider, the experienced attorneys at the Epstein Law Firm can help prove your case. Contact us to set up your free initial consultation to discuss your options.