Patients go to the hospital to get treatment for different medical issues. However, some of these patients end up with worse health conditions due to negligence by their healthcare providers. Patients who suffer injuries due to a medical error can file a medical malpractice claim and get compensation for their losses.
“Patients entrust their lives to their healthcare providers and believe they will get the best care possible. However, human errors have cost many patients to go through pain and, in some situations, lose their lives,” says Berkowitz Hanna Malpractice & Injury Lawyer. If you have suffered harm due to mistakes by a healthcare provider, hiring a medical malpractice lawyer will bring you closer to getting your due compensation.
What is Medical Malpractice?
Medical malpractice arises when a healthcare provider fails to provide standard care to their patients, worsening their condition and, in some cases, resulting in death. Healthcare providers owe their patients the duty of care and can be sued for medical malpractice if they fail to provide such care.
Not all cases qualify for medical malpractice. If a medical error occurs but does not result in injuries, the patient does not have a medical practice case. A healthcare provider can be held liable only if they make an avoidable medical error that harms their patient.
Medical malpractice cases are usually complex, with the court requiring the victim to provide proof that the healthcare provider was negligent before compensation can be awarded. This is why hiring a medical malpractice attorney to handle such cases is vital.
Importance of Medical Malpractice Lawyer
Medical malpractice cases are one of the most critical personal injury cases. Aside from the negligence worsening an already existing condition, it can also lead to the patient’s death. While patients can file a medical malpractice claim on their own, it is always best to work with an experienced medical malpractice attorney because of the following reasons:
1. Helps You Avoid Mistakes
If you have never filed a claim, you are more likely to make mistakes when filing a medical malpractice claim. Any mistake can be costly and can impact your case’s outcome. Therefore, allowing an expert to handle the entire process is best.
Medical errors usually result in injuries that can have substantial financial implications on the victim. A medical malpractice claim is a way for the patient to recover from financial losses. So, any mistake can result in substantial economic losses hence the need for a medical malpractice attorney.
2. Helps to Fast-Track the Process
Personal injury cases need to be initiated quickly because of the statute of limitation within which the victim is required to file a claim. Also, some victims may suffer a permanent disability that may make them require long-term care. This will impact their finances, and getting compensation as fast as possible will help them to offset the bills without going broke.
An experienced attorney who understands the victim’s needs will help fast-track the process. Because of their wealth of experience, they will be able to jump through many bottlenecks and get your due compensation in a short period.
3. Handles the Paperwork
There is so much paperwork involved when filing a medical malpractice claim, and these documents need to be prepared and submitted to the designated offices within record time. Preparing this paperwork can be overwhelming for the patient or their loved ones, who should instead focus on getting the best care. Hiring an attorney to file a medical malpractice claim takes the stress of preparing several documents out of your hands.
#4. Preparing the Case
You do not get compensation for medical malpractice by simply filing a claim. The victim will be required to provide evidence that shows that the healthcare provider was negligent, which resulted in injuries or worsened a pre-existing medical condition.
Proving your case can be tricky, especially if you have no experience. This is where a medical malpractice attorney comes in. An attorney will gather the evidence required to prove your case and present them in a way that would get you the needed compensation.
5. Knows the Value of a Claim
Insurance companies are not the most willing people when it comes to releasing compensation to individuals. Many insurers would offer to pay an amount that may be below the value of the victim’s claim.
Injured victims who negotiate directly with the insurance company without a lawyer risk accepting an amount below the value of their claim. On the other hand, an attorney will study the facts of the case and arrive at a compensation amount that would be enough to cover all the losses incurred.
#6. Negotiates with the Insurance Company
It is not ideal for the injured person to negotiate directly with the insurance company. This is because insurers are on the lookout for loopholes in the case that they can capitalize on to avoid paying the total value of the claim. A lawyer already has a wealth of experience negotiating with insurers and will be in the best position to know how to go about the case to get the insurance company to pay the total claim amount.
7. Argues Your Case Before the Judge
Your case will likely come before a jury where you opt for formal litigation. This requires you to present an argument before the judge that would convince them that your case has merit. An attorney understands how the legal system works and can build up the facts of your case to guarantee a higher degree of success.
Bottom Line
A medical malpractice lawyer plays a vital role in your medical malpractice cases and increases the chances of having a successful outcome in the case. They will help gather evidence, study the facts of the case and advise on the best line of action to take at every point in the process. An attorney will also help calculate the claim’s value based on the injuries sustained and represent you in court if the need arises.
Also Read: 6 Stages of Your Medical Malpractice Lawsuit
