What Does a Medical Malpractice Attorney Do?

Many of us visit the hospital when we are injured or feel unwell. Most of the time, the visits result in success, but, sometimes, they lead to further injury or death due to medical errors. Medical malpractice in the United States is among the leading causes of death. Medical malpractice lawyers, like those at Wilt and Thompson, offer services to recover damages on behalf of the plaintiffs. 

Before an attorney accepts your case, they will carefully review the facts and the conditions that led to the injury. If you have suffered an injury or lost a loved one because of medical malpractice, hiring a lawyer is very important. You might be wondering what a medical malpractice attorney does.

Here are several things a malpractice advocate will do when handling your case:

Consulting with Medical Experts

Medical malpractice settlements and suits are very difficult because they involve medical issues that few people understand. A medical malpractice attorney has experience in the field; therefore, always consult medical experts and get their opinion on several issues concerning the case. The attorney will also use these medical experts to produce evidence in court if the case moves to court.

Specialization

Medical malpractice is subdivided into numerous other fields that attorneys choose to specialize in. Some attorneys specialize in birth injury, where the birthing process does not go as planned. Others will specialize in emergency room errors, where a doctor or nurse neglects to do something they needed to have done while offering emergency services. 

Other areas that attorneys specialize in include hospital malpractice, misdiagnosis, medical device errors, and postoperative care negligence.

Offer Advice

After a medical error, you might be wondering if you have a case. A medical malpractice attorney with the proper experience can advise you regarding the strength of your case. Medical malpractice lawsuits are difficult, and without proper preparation, you might fail to get compensation. A good lawyer will look into your case’s facts and conclude whether they can win the case. 

Proving Medical Malpractice

The plaintiff must sufficiently prove that the action or omission of a doctor, nurse, or any other health care provider led to injury or death. An attorney will demonstrate medical malpractice through these elements:

Duty of Care

Every doctor and nurse has a duty of care to their patient. They are responsible for ensuring that their patients are treated properly during their visit to the hospital. Duty of care can arise by establishing a doctor-patient relationship.

Breach of Duty of Care

An attorney will prove that the doctor or nurse violated their duty of care to the patient. To prove that there was a breach of duty of care, the attorney will compare your doctor’s actions to the standard practices other doctors would have taken. 

Causation

An attorney will show how the breach of duty of care led to the patient’s injury or death. Causation is the most difficult part, as it requires the plaintiff to prove that the doctor’s negligence led to their injuries. If the breach of duty does not cause any harm, there is not medical malpractice. 

Damages

The attorney will then show how the injury or death of the patient has caused economic damages. Damages can also be a non-economic form like loss of companionship. For example, the patient incurred further medical costs to treat the injury, or the death led to the loss of the family’s breadwinner.