Doctors and other healthcare workers have a duty to provide their patients with the best care. Medical malpractice laws protect your right to this care. If you or a loved one have suffered due to medical negligence, you may be wondering how to get retribution for the damage or harm that was done. A medical malpractice attorney can bring years of experience and expert knowledge to the table to help you navigate this fraught process.
5 Ways a Medical Malpractice Attorney Can Help You Get Justice
They Can Build a Solid Case
If a surgeon is found guilty of medical malpractice, they could lose their license to practice medicine. Because the penalty is so high, your proof that medical malpractice has occurred must be watertight. There are multiple incidents that constitute malpractice, such as misdiagnosis leading to incorrect treatment, breach of confidentiality, or failure to gain a patient’s informed consent. Your lawyer can identify the correct aspects to make your case.
Next, your lawyer can calculate the degree of harm you have suffered as a result of malpractice. Degree of harm ranges from No Harm to Minimal Harm (patient required extra observation or minor treatment), Moderate Harm (patient required further treatment), Severe or Permanent Harm, and Death. If your attorney does not believe that you have a solid case, they will advise you on a course of action.
They Can Take Care of the Paperwork
Often legal proceedings beget mountains of paperwork, and it is vital to understand and be able to use accurate legal jargon. A medical malpractice lawyer in Kansas City can help you with this. They have experience and will ensure that your claim is filed properly with accurate information, the correct formatting, and in a timely manner.
Because of the nature of your claim, you will need to deal with insurance companies. This can be overwhelming and confusing, and these frustrations are compounded by the injury you have suffered due to medical malpractice. Allow yourself the time to heal peacefully by handing over the responsibility of dealing with insurance people to your attorney. They will also ensure that you get a fair settlement offer from the insurance company.
They Can Access Reliable Witnesses
In order to prove medical malpractice, you will often need to provide a reliable witness who can demonstrate that this was the case. There are specific criteria for who is qualified to testify, but essentially your witness needs to be at least as qualified and skilled as the medical practitioner who gave you health care in this case.
An expert witness needs to describe to a judge or jury what the physician in question should have done or not done in your particular case. They should show that any harm to you directly resulted from the defending physician’s actions. It may be difficult for you to find someone who can give testimony to help you in your case, but a medical malpractice lawyer can provide you with someone appropriate.
They Can Get You Fair Compensation
You may be eligible for some kind of compensation, and a professional medical malpractice lawyer will know what damages you can claim and what compensation you can expect to receive. Your attorney understands the difference between general, punitive, and special damages, and what is required to prove them. Properly supporting your case is essential to winning compensation.
Special damages can be calculated using medical claims, proof of lost wages from missing work, or evidence that you have paid to modify your home to deal with your injury. General damages like projected loss of income are sometimes a bit more challenging to prove, which is why it is recommended that you use a medical malpractice lawyer. Punitive damages are awarded when the defendant’s actions can be deemed “especially harmful,” and your lawyer can help prove this legally.
They Can Represent You in the Event of a Court Case
The best outcome of a medical malpractice claim is reaching a settlement you feel happy with. However, sometimes things don’t work out this way. If your case goes to court because the defendant is disputing your claim, you will want a highly-trained and experienced professional on your team.
Malpractice lawyers in Kansas City are often hired on contingency, meaning they won’t be paid unless you win. This gives you peace of mind because you won’t have financial pressures adding to your woes, and you can be assured that your lawyer is invested in helping you win.
As you can see, filing a medical malpractice suit against a physician or hospital is complicated and requires expert knowledge and years of experience to succeed. We highly recommend getting a specialized lawyer. If you are unsure if this is what you want, many law firms offer a free consultation so that you can learn more details about your specific case without the financial commitment.
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