Physicians are held in high esteem by most people. There is good reason
for this. They are trained experts in the science of healing. If you are
sick or injured, you put your trust in the person who can relieve you
of the pain and suffering that results from such a condition.
You expect your doctor to be knowledgeable and competent. You expect them
to deliver a proper diagnosis, the right prescription medication, and,
if it comes to it, a surgical procedure that is accurate and effective.
If your condition has been made much worse under the
care of a physician, if your doctor has exacerbated rather than relieved the symptoms of your
illness, or if you believe you are the victim of medical inexperience,
imprecision, inattentiveness, or ignorance on the part of your physician,
then it may be in your best interest to file a medical malpractice suit.
The first thing you must do is consult with a medical malpractice attorney.
Sitting down with such a professional will help you determine if you have
a case against your doctor. They can also help you seek the maximum amount
of compensation you are entitled to.
Many people don’t file medical malpractice claims for a number of
reasons. To help expel some of the misinformation out there, here are
a couple of the most common myths regarding medical malpractice.
1. I can’t file a malpractice suit because my insurance company already
paid my medical bills.
This is not true. The one has nothing to do with the other. You have the
right to seek compensation for the pain, suffering, loss of wages, and
emotional strain caused by medical negligence regardless of what your
insurance company paid. You are not settling a medical bill; you are pursuing
a personal injury claim.
2. A jury will never find against medical care in my community.
It is true that juries tend to lean in favor of healthcare. This is one
of the reasons why you need a lawyer that has significant experience in
handling medical malpractice claims. If it is a strong case on both liability
and causation, we believe that most juries will put aside their personal
biases to assess the facts presented to them so that they can come to
a just verdict.
3. There are more medical malpractice lawsuits filed than actual instances
of medical malpractice.
There are actually many more instances of medical malpractice than are
reported or made into lawsuits. Not every victim of medical malpractice
understands his or her rights, and many don’t understand that they
could be entitled to compensation due to the negligence of their medical
professional. If you believe you are a victim of medical malpractice,
you should speak with the medical malpractice attorneys at The Haynes
Firm to better understand your rights.
How Medical Malpractice Lawyers Help Win Cases
Medical malpractice lawyers concentrate in this area of the law. They have
the experience and expertise to gather the facts, introduce witnesses,
employ forensic evidence, and bring the relevant bits of law to the case.
One of the first things your lawyer will do isget access to medical records,
logs, and other documents. Your lawyer will also review available information
concerning the medical care provider who provided you care to discern
patterns of neglect or misconduct.
Physicians do not work alone. There are nurses and support specialists
of all kinds that help them do their work. If you have not received adequate
care, the professionals who work with your physicians may be in a position
to verify the facts.
Proving Liability and Seeking Compensation
To win your medical malpractice suit, you and your attorney must prove
that you did not receive the standard of care defined by law, that a specific
person or persons are responsible for the shortcoming, and that you have
suffered an injury because of it. This is the law, and your lawyer will
be able to make arguments that prove all of these points and demonstrates
why you should be awarded the damages you seek.
If you are the victim of medical malpractice, you do not have to resign
yourself to it. You may be able to get the justice that you and your family
deserve for all that you have been through. Many casesneed not go to trial.
A strong case in the right hands may result in a resolution without trial.
Contact our firm today for a free consultation to discuss your case.