Insight

What Exactly Does a Medical Negligence Lawyer Do?

Medical negligence, known as malpractice, happens when healthcare professionals fail to provide the level of care that is required for their patient. In order to hire the right representation for you, here's a list of their key responsibilities.

Medical professional holds pill bottle standing over patient in bed
Best Lawyers

Best Lawyers

April 28, 2023 03:25 PM

Medical negligence, which is commonly referred to as medical malpractice, refers to legal cases in which a healthcare professional, such as a doctor, nurse or other licensed specialist, fails to provide proper care to their patients. All too often, medical negligence cases can lead to harm, injury or potentially even death for those involved.

In such cases, seeking counsel from a medical negligence lawyer may be the best option for you and your loved ones. From investigating the facts to negotiating on their client's behalf, an experienced medical negligence lawyer can build a solid case against healthcare professionals who consistently fail to provide the standard level of care that all patients deserve.

If at all uncertain of what a medical negligence lawyer can do for you, here's a list of some of their key responsibilities when taking on a new case:

What Are the Most Common Examples of Negligence?

Incorrectly prescribing medication or failure to prescribe are by far some of the most common cases of medical negligence reported. When this happens, a patient and their well-being can be at risk, with many medical professionals assigning either another patient’s medication or an incorrect dosage of the proper medication.

Additionally, misdiagnoses are also a common type of medical negligence that appear in many malpractice legal claims. A misdiagnosis can occur when a doctor, nurse or other licensed specialist fails to diagnose a patient's condition correctly. Instead, the medical professional in question usually diagnoses the patient with the wrong medical condition or claims the individual has no condition at all.

Is Medical Negligence a Criminal Offense?

Despite legal action being taken, not all cases of medical negligence or malpractice are necessarily criminal offenses. Most, if not all, cases of medical malpractice fall within the category of negligence and are usually not considered a criminal offense. Albeit rare, in certain situations where a patient’s life is put in danger, a medical malpractice case could easily rise to the criminal level.

Evaluating the Case

Typically, the first step a medical negligence lawyer takes when meeting with a new client is to assess the case's merit. By conducting an initial assessment, the lawyer can establish if their client has a valid medical negligence claim.

By examining medical records, hospital statements and any other pertinent client information, a medical negligence lawyer can determine if malpractice did occur. After this is determined, a medical negligence lawyer will proceed to the next step of the investigation, which may include speaking to witnesses, consulting with experienced medical experts and researching all laws and regulations pertaining to the case. Once this process is complete, a medical negligence lawyer can start to build a strong case for their client.

Negotiation and Arbitration

In most medical negligence cases, both parties involved often do not negotiate within a court setting. Instead, a medical negligence lawyer will negotiate with the opposing party to settle in arbitration court. This usually consists of collaborating with insurance companies or directly with the healthcare professional who is being held liable. If a settlement is far from completion, an experienced medical negligence lawyer will prepare to represent their client in court.

Providing Legal Advice and Support

Throughout the entirety of the legal process, a medical negligence lawyer will provide legal advice and emotional support to their client while ensuring that the best outcome is met. From answering legal questions to offering general guidance, a medical negligence lawyer can make all the difference on the long road to recovery.

In closing, a medical negligence lawyer can be critical in assisting patients who have been harmed or injured due to medical malpractice. By investigating every aspect of the case, a medical negligence lawyer can build a strong argument and represent their clients to receive the compensation they deserve. If you or a loved one has been a victim of medical negligence or malpractice, it is imperative to seek out the services of an experienced medical negligence lawyer as soon as possible.

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