Posted on 10/12/2021

What Do Medical Malpractice Lawyers Do?

What Do Medical Malpractice Lawyers Do?

Medical malpractice lawsuits are on the rise and have been since the late 1900s.

If you’ve been a victim of medical malpractice and are considering hiring a medical malpractice attorney, then it’s beneficial to understand what they do, how they help you and how you can get a free consultation.

Winning may seem like an impossible feat, but an experienced medical malpractice attorney can give you peace of mind.  

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What is a medical malpractice lawyer?

Medical malpractice lawyers represent those injured from medical malpractice. 

Malpractice occurs when a health care professional, or medical provider, doesn’t take appropriate action or gives substandard treatment that causes harm, injury, or death to a patient. 

There are various kinds of medical malpractice

This can include a birth injury, delayed diagnosis or misdiagnosis. Errors in diagnosis are some of the most common claims in medical malpractice lawsuits. 

Medical errors are far too common and are the third leading cause of death in America.

If you believe you’ve been a victim of medical malpractice, it’s essential to speak with a medical malpractice lawyer. They can help determine if you have a case and recommend what to do next.

What goes into building a medical malpractice case?

Medical malpractice lawyers will need to discuss your injury in extensive detail, so being prepared helps you to get the most out of your meeting.

After you’ve chosen who is going to represent you, your lawyer will start preparing your case. 

Preparation includes organizing evidence, scheduling depositions and making crucial decisions on what’s best for your claim.

Evidence

It starts with documentation.

Your medical malpractice lawyer will need to prove that the injury you’re seeking compensation for was directly related to your medical care, or lack thereof. They’ll need evidence to support this claim and to provide to the court.

Proving medical negligence, or malpractice, is not an easy task so the more evidence, the better.

Evidence can include: 

  • Photos
  • Audio or Video files
  • Emails, texts, social media messages, or any other form of communication
  • Doctor’s notes, procedure notes and any medical files (including lab or imaging results)

A medical malpractice lawyer will reach out to several entities that provide necessary documentation to support your case. 

You can also expect your medical malpractice lawyer to request documentation from any office visits prior to your injury to show that your injury is new.

They will compile any and all “post-injury” documents, as well.

Post-injury documents can include:

  • Receipts for prescription(s)
  • Documents from hospital services or any other kind of treatment, like physical therapy
  • Related financial statements, like proof of lost wages
  • Statements from your insurance company

Depositions

A deposition is a statement made by either party which is recorded and transcribed.

Depositions are another way for an attorney to gather information for their case.

Although depositions can be intimidating, an experienced medical malpractice attorney will make sure you’re prepared to give your statement.

Settlement vs Trial

Settlement occurs when both parties reach an agreement and “settle”, rather than going to trial. 

Going to trial can be an expensive and lengthy process, and might include you providing a testimony.

Both routes have their own pros and cons. But a good malpractice lawyer should review both options with you and give their honest expertise on whether a trial or settlement would be better.

How are medical malpractice lawyers beneficial?

Having someone to guide you through an overwhelming case is just one benefit of hiring a medical malpractice lawyer. 

Time

Whether going to trial or resolving your case by settlement, any medical malpractice case will take time. 

An experienced medical malpractice lawyer will discuss the timeline from start to finish and keep you updated on what to expect every step of the way.

Support

Legal jargon is another language in itself. 

A medical malpractice lawyer can help you understand the legal terms and can help prepare you for any court proceedings, depositions, or other legal meetings.

Documentation

As we’ve already discussed, there’s so much documentation that goes into building your case.

It’s extremely beneficial to have a lawyer organize and prepare all the evidence that supports your claim and any other files needed to present to the court. 

Experience

A medical malpractice attorney with years of experience will have a track record that proves they’ve represented your type of injury before and can win your case as they’ve won others. 

An experienced attorney will also know if it’s better to take your case to court or if your case can be resolved through settlement. 

How quickly do I need to hire a medical malpractice lawyer?

There is a timeline to submit a medical malpractice claim. Typically in Michigan you have 2 years to submit your case. However, there are exceptions to this rule. 

The medical malpractice lawyers at Grover Lewis Johnson can break down the timeline and explain any discrepancies for your case.

As soon as you’re ready and prepared to discuss your injury, contact the experienced medical malpractice team at Grover Lewis Johnson for a free consultation.

We’ll explain how we can get you the compensation you deserve and won’t expect a dime until we’ve won your case.

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