What Do Malpractice Lawyers Do?

According to data, more than 250 thousand people die a year in the US from medical errors. Every time we’re cared for by a medical professional, we put our lives and well-being in their hands. Sadly, things often go awry and lead to catastrophic results. 

If you’re still suffering from an injury you brought on by a medical care provider, you can recover compensation by hiring a malpractice attorney and bringing forth legal action against the liable parties. 

Join us as we explore what do malpractice lawyers do and when you should hire one. 

What is a medical malpractice lawyer?

What do malpractice lawyers do is relatively straightforward:

These legal professionals specialize in the field of personal injury, more precisely, in cases that involve instances of improper medical care. Medical malpractice lawyers represent clients who have been harmed by medical professionals in lawsuits against individual practitioners, medical staff, hospitals, and other medical institutions.

What is considered medical malpractice?

Now that you know what do medical malpractice lawyers do, it’s necessary to cover the topic of what constitutes medical malpractice. 

In simple terms, medical malpractice involves an error (or series of errors) by a medical professional. Unfortunately, it’s more complex than that as not every mistake is grounds for a medical malpractice suit. 

What do we mean by that?

For starters, the liable party must have had a doctor-patient relationship with you. This is by far the simplest requirement because it’s established due to the sheer fact you sought treatment. 

Next, you must also prove that the breach of duty of care occurred. A patient-doctor relationship requires the medical professional to uphold a certain level of care. Because of this, you must demonstrate that the treatment fell below the standard of care.

In other words, the injury wouldn’t have occurred under the care of a medical professional of a similar skill level under the same set of circumstances. 

Another requirement is causation - i.e. there must exist a direct relationship between the harm you suffered and the doctor’s error. Let’s say you suffered a stroke after a surgery - your lawyer must prove that more likely than not, the surgery caused a stroke and not an unrelated condition. 

Lastly, to pursue a medical malpractice claim, you must have suffered clear damages as a result of the medical error. This means that even if a doctor made a mistake, you may not have a valid claim if you didn’t suffer any financial damages as a result. 

When should you pursue a medical malpractice claim?

Regardless of the illness or injury you suffered due to medical negligence, if you have valid grounds for a malpractice claim, you should absolutely do it. Here’s a list of types of malpractice claims that are by far the most successful:

1. Misdiagnosis

Misdiagnosis claims are very common. If a physician fails to provide a proper diagnosis with the right timing, it can lead to a lot of medical issues. Misdiagnosis covers a wrong diagnosis, a delayed one, as well as failure to diagnose. 

Even though misdiagnoses are a widespread form of suits, they’re actually very tricky to prove because the causation sometimes isn’t clear. In other words, it may be difficult to demonstrate your condition or an injury had a worse outcome than if you had been diagnosed properly. 

2. Wrong amount of anesthesia

All major surgeries involve anesthesia. However, a medical professional may administer the wrong amount with disastrous outcome. For instance, you may be semi-conscious during a procedure, which is a highly traumatic and painful event. 

3. Surgical errors

Although highly trained, surgeons are human and no strangers to making mistakes. While small errors can have minimal impacts, in some cases, the results can be devastating. For example, it’s not uncommon for doctors to leave a surgical instrument in a patient’s body or even perform surgery on the incorrect body part. 

4. Improper prescriptions

Mistakes when prescribing medications can cause a lot of harm to the patient and exacerbate numerous conditions. This type of negligence may seem simple, but it’s one of the most complex cases to litigate because different individuals may be liable - from the physician who prescribed the medication to the pharmacist who provided it. 

How to find a malpractice lawyer?

If you were a victim of medical negligence, you should reach out to a medical malpractice lawyer as soon as possible. We understand that dealing with legal professionals may not be something you’re comfortable with while you’re recovering, time is of the essence here. 

Another matter is how to choose the right lawyer. 

When it comes to medical malpractice, you shouldn’t spare any expenses because the skills and experience of the lawyer can have a direct impact on the success of the case. Though many personal injury attorneys dabble in medical malpractice, you should pick someone who specializes in these cases. 

Medical malpractice is complex and an inexperienced lawyer could end up making small mistakes that could be detrimental to your case. The same goes for courtroom experience. Trials are usually won on the ability to state the case effectively in front of a judge and the jury. 

Similarly, negotiation skills are also a must since most medical malpractice cases never reach the trial stage and are settled off the court. Thus, you need someone who can negotiate the right deal for their clients. 

Make the right call

With no fault of your own, you could end up suffering lifelong consequences because of a careless mistake - one made by a professional who should know better, no less. 

While the entire ordeal can leave a bitter taste in your mouth and there’s no guarantee that a settlement will help you recover completely, compensation for the harm you suffered is a good start. After all, you can use the funds to restore your life to what it was before to the best of your ability. 

As we already said, a lawyer's experience is of utmost importance, which is why you should get in touch with the best medical malpractice attorneys in Florida - Sowell Chakour. 

We strictly handle medical malpractice cases, and our leading attorney is a former surgeon. This is very rare, but highly valuable as it can significantly bolster the credibility of your case and improve your chances of a positive outcome.

Schedule a free case consultation - call (833) 633-6257 or fill out our contact form.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.