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Medical Malpractice and Negligence: What Needs to Be Done

Medical Malpractice patient in wheelchair

There are millions of medical malpractice cases being filed in America every year. However, out of these, only a few get solved, and only a few percent of people get justice. This happens mainly because it’s hard to win a case against a reputed hospital or healthcare institution.  They often hire strong attorneys who find different ways to escape the complaint and present them tactfully during the court proceedings and prove them not guilty. However, if the patient party hires reputed malpractice lawyers, they can litigate lawsuits on behalf of the client.

When to hire a malpractice lawyer?

Here are some medical negligence cases based on which the patient or the family of the patient can complain:

  • Damage to any organ due to negligence of hospital staff.
  • Wrong treatment procedures are conducted leading to another organ failure, paralysis, or even death.
  • Prescriptions and bills are offered with the wrong statements and advice.
  • Operating a wrong body part.
  • Non-availability of life-saving equipment like oxygen cylinders.
  • Any instrument or foreign element left in the body post-operation.
  • Absence of the medical practitioner or surgeon who took a particularly critical case.

What does a medical malpractice lawyer do?

Medical malpractice lawyers conduct all the tasks of a civil litigator. The common tasks conducted by these lawyers may include scheduling a timely interview with the clients to understand the depth of the situation and every minor detail, conducting a thorough investigation, drafting motions, framing smart strategies, and then litigating the case.

Following are a few other tasks that are conducted by malpractice attorneys:

  • They might work or consult with medical experts to understand the case in detail and develop case theories, testimony, and expert reports.
  • Gather medical reports.
  • Take depositions of medical practitioners, experts & other third parties.
  • Consult and work with hospital staff and nurses to analyze the case.
  • Set up independent medical examinations without letting the hospital party know about this to find out the actual truth behind the case.
  • Certain malpractice attorneys specialize in specific medical malpractice cases like surgery mistakes, birth injuries, dental malpractice, hospital abuse, and so on. 

Added benefits of hiring malpractice lawyers

Apart from the above-mentioned tasks, there are some other benefits as well:

  • Time is a crucial factor. A good attorney will speed up the entire legal process to help the client get the compensation as fast as possible.
  • An experienced attorney can tap the resources as they have huge connections in the medical field.
  • They can also communicate with the insurance companies to claim the amount on the patient’s behalf.
  • They can also conduct secret tasks to stop the doctor or the hospital party from hiding evidence.

Conclusion

The success of any case hinges mainly on the ability to argue. Medical malpractice lawyers will not only handle the entire paperwork required for the court proceedings but will also leave no stone unturned to help the clients achieve their claims. If any kind of malpractice has been conducted on the hospital’s behalf leading to loss, the lawyer will negotiate in the possible way to help the client get the deserving compensation.


More on this topic:

5 Essential Steps To Proving A Medical Malpractice Claim

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