Medical malpractice law is a sub-class of personal injury law and as such requires a personal injury lawyer who is well versed with medical terms and personal injury law. Therefore, if you are considering filing a malpractice suit against a doctor, nurse or hospital, you need to select an attorney who will successfully argue your case before a judge and jury. Note that, you will be dealing with an insurance company that has enormous resources and as such will do everything to ensure that your case is thrown out.
So, what do you need to take into account when searching for a personal injury attorney specializing in medical malpractice law?
In a medical malpractice suit, you are basically alleging that the defendant strayed from the conventional morals of medicine and their action or fiasco led to the injuries or medical conditions you are currently suffering from. Consequently, the personal injury attorney selected ought to be acquainted with the laws used in your state in addition to fully comprehending the underlying medical conditions resulting from medical malpractice.
As the plaintiff, you need to prove beyond doubt that the actions and deeds of the doctor, nurse or hospital caused your injuries. Consequently, the lawyer must present before court of law overwhelming evidence. Listed below, are some of the things that your medical malpractice attorney will help you to prove:
- There was a legal obligation between you and the doctor.
- That the doctor, nurse or hospital breached the legal agreement by failing to offer his/her services to the accepted standards.
- The deviation by the doctor, nurse or hospital is what is responsible for the injuries you have suffered.
- That the injury claims you are pursuing are just.
The key to proving the different aspects of the case is hiring an expert witness who will be able to corroborate your story. The expert witness called to substantiate your evidence should be experienced and qualified. In addition, the testimony provided should be reliable. The selected attorney will be responsible for calling and preparing the expert witnesses. Moreover, the chosen attorney should be able to argue that the facts presented by the other party are false.
#2: Medical Knowledge
As stated earlier, the personal injury lawyer selected to represent you in a medical malpractice case ought to have medical knowledge. As a matter of fact, attorneys specializing in personal injury law are normally MDs or GPs.
The reason why the attorney ought to be well versed in different medical terms is because he/she needs to not only prepare, but cross-examine the other witness. Consequently, the attorney needs to eloquently and simply explain medical theories, procedures plus diagnoses. If the attorney cannot explain these terms to you in an easy to understand language, chances are that he/she will also not be able to do so before a court of law.
#3: Litigation Experience
Experience in litigation is also another factor that you need to take into account when picking a personal injury lawyer to represent you in a medical malpractice case.
In addition to the above, choose an attorney who:
- You are comfortable working with.
- Returns your calls on time and answers any questions you may have.
- Empathizes with your situation.
A reputable personal injury attorney specializing in medical malpractice case should be able to take your case on contingency fees. What this means is that, the costs and expenses incurred during the case are met by the lawyer. He or she will only get paid a percentage of your settlement award once a judge awards you an amount.
[box type=”note”]About the Author: This post was provided by Frank Roberts on behalf of Swope Rodante, P.A., a law firm specializing in cases involving personal injury, product liability, and insurance law.[/box]