What Does a Medical Malpractice Attorney Do Exactly?
September 17, 2020Medical malpractice tends to be very hard to measure. It’s a known fact that most malpractice cases don’t go to court, so we can only estimate based on the records we have.
China, for instance, is experiencing a rise in these kinds of cases. They created a system of universal healthcare in 2009, which seems to be behind the rise. This may just mean that more people are going to doctors, and the result is a larger number of mistakes.
Regardless of why you’re filing a medical malpractice suit, you’re going to need a medical malpractice attorney. We’ll talk a little more about what these attorneys do in this article.
Table of Contents
1. Examining Records
The first job of a malpractice attorney is to examine medical records to make sure things actually occurred the way you claim they did. They will look through your symptoms, diagnosis, and treatments.
They may also look at the records of the doctor/s who treated you to see how often they get accused of malpractice. Most doctors get accused of malpractice at some point or other, and there’s a reason for that. Medicine is not an exact science.
Medical issues that affect similar areas may cause similar symptoms. Lyme disease, for instance, looks very similar to influenza. There is an early hallmark sign of Lyme disease–a bullseye-shaped rash, but at least one out of every 5 cases don’t get this rash.
2. Talking to Specialists
After looking through records, a medical malpractice attorney will often consult with doctors and other medical experts to determine if their client was diagnosed and treated properly based on their symptoms.
The truth is that not all cases merit a lawsuit. Sometimes, doctors reach the wrong conclusion from the right evidence. There’s no way they could’ve known better, and nobody’s at fault.
This is why it’s always important to make sure you have a case before moving forward. That’s just one of a few questions you should ask your lawyer before getting started. You can learn more by reading this post.
3. Making the Case
If all goes well and you do have a case, the attorney will then need to consult with you. They will tell you how much you are likely owed and how you should go about getting it.
Many doctors and medical groups prefer to settle out of court, and this may be the best option in many cases. Medical malpractice is a tough thing to prove, and most cases don’t win at trial. Unless you have a clear-cut case of negligence or malpractice, settling may be the best option.
What do Medical Malpractice Attorneys do?
Most of us won’t experience major medical malpractice in our lives, but it’s important to know how to handle a case of malpractice if it does come up. You’ll need to hire a medical malpractice attorney, and they’ll help you with your case, and determine if you even have one.
You could write an entire book on how medical malpractice cases work, so obviously, we didn’t have time to include everything. You might want to do more research on your own if you want to know more.
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