Finding An Experienced Medical Malpractice Attorney

Finding An Experienced Medical Malpractice Attorney

February 20, 2020 Off By Glespynorson

More than two hundred thousand people die due to medical malpractice every year. Studies show that medical malpractice has become the third leading cause of death in America. Many lawyers offer their services in medical negligence cases but the fact is that not all lawyers are equally good.

Finding an expert attorney for Hawaii medical malpractice can be really difficult sometimes. If you’re thinking of taking a healthcare provider to the court for medical negligence then you must look for following qualities in your attorney.

Firm grasp of medical law

Since medical malpractice cases are quite different and complex than other cases, you must look for a lawyer who has a firm grasp of medical law. Some factors highly influence the outcome of medical negligence cases like the subconscious respect for the medical profession.

People indeed respect doctors because they save lives and are serving a noble cause. But these feelings of respect sometimes affect the jury’s opinion in the courtroom and change the course of the proceeding. That’s why you need an attorney who can work his way around this bias and help your case.

Great understanding of the pre-trial process

If you have made up your mind that you’re going to press charges for medical malpractice, you need a lawyer who understands the pre-suit process completely. A lawyer with a good understanding of the pre-trial phase will study your case thoroughly and will build a solid foundation for the case so that you can get the justice you deserve.

There are 5 steps which are necessary for building a solid foundation for a medical malpractice case:


Gathering facts

The first and most important part of any investigation is gathering facts. It’s quite common for victims to not correctly remember the events after the incident. That’s why it’s important to gather facts to understand what happened.

Preserving evidence

Once the fact-gathering ends, all the available pieces of evidence like medical records and scans, etc. are preserved.

Seeking expert opinion

The next task is to find the experts who will help the attorney determine the best series of steps to follow to win the case.

Gathering Intel

An attorney uses his network of informants and advisors to gather information about the potential defendants. This information gives better insight into the case and helps the attorney understand the defendants.

Securing witness testimonies

In this final step, the attorney will gather testimonies from your friends, physicians, and your family to make your case strong.

Good record of handling medical negligence cases

While hiring a lawyer for a medical malpractice case, it is most important that you choose a seasoned professional who has an excellent track record of handling such cases. Every case is different and has unique issues and complications. An experienced lawyer will not only be able to identify those issues but will also be able to deal with them efficiently due to his experience.

Now, there are some common defenses that opposition uses a lot in medical negligence cases. Some of them are as follows:

Complete denial of liability

Defendants also try to deny all the liability for the victim’s medical negligence by arguing that the patient is responsible for his condition. The defendant will try to prove that the victim’s claim of medical negligence is false, and no one can be held responsible for the patient’s condition.


Blaming the victim or another doctor

Most of the time, the defendant will try to throw the blame on the victim by arguing that the patient didn’t take care of himself and was careless. They may also try to blame some other healthcare provider by arguing that the current condition of the victim is because of the other doctor or hospital’s negligence, and it’s not their fault.

A solid network of expert advisors

While looking for an expert medical negligence attorney, you need to make sure that he/she has a solid network of expert advisors. It’s necessary because this network of advisors will help you from the beginning to the end of your case. They will also help you out in the post-trial recovery process.

Finding a good medical malpractice attorney can be a tiring job. Now, you don’t have to look around anymore. Cummings law is here to take care of all your legal needs.