Is a Lawyer Necessary for a Medical Malpractice Case?
We look at the reasons for hiring a lawyer for a medical malpractice case and the necessary skills that they will bring.
Legally, you can represent yourself in the court of law. However, medical malpractice cases are quite serious. Doctors, especially those in highly coveted fields such as surgery, have spent most of their teen years and adult lives training to become medical professionals, and they will protect that investment, which could be in the thousands of dollars. The hospitals they work for will provide them additional benefits if they accept the medical malpractice insurance offered to them. So, do you need a lawyer for a medical malpractice case? The doctors protecting themselves will have their own tough lawyers, so you should, too.
What sets medical malpractice apart from other types of personal injury lawsuits is that the harm usually can last a lifetime, or have serious consequences for the victim’s long-term health. They will require expensive medical care. The insurance companies will find every defense for their clients.
Proving Liability
Gathering enough evidence to support your case is an important part of going to court. Without sufficient evidence, the case will be thrown out. Compared to other types of personal injury cases, medical malpractice is unique. In a car accident, for example, the police will file a report and explain who they think is at fault. It is usually pretty clear what happened because the evidence is very large before one’s eyes. It is no exaggeration, however, to say that the human body is extremely complex, and harm may not always be so apparent. The doctor’s attorneys will try to refute your evidence with their own medical explanations.
Access To Medical Experts
In a case such as this one, a third-party expert may need to be called in to give their testimony. This can be an evaluation and analysis of the facts presented in the case along with an explanation of how the injury occurred, what could have prevented it, if the error was a common one or one that could have easily happened, and whether or not criminal intent could have been behind the action. They will know about the standard methods and expectations of providing care. And a great attorney has spent years cultivating these professional relationships with expert witnesses to provide you the best counsel and representation.
Do I Need A Personal Injury Attorney?
Medical malpractice falls under the umbrella of personal injury law, along with many other specializations, from nursing home abuse to dog bites to car accidents. So when you are looking for an attorney to represent you after you sustained an injury while under the care of a medical provider, or a loved one was wrongfully killed by a healthcare provider, you want to be sure that the attorney you hire specializes in this area. If you intend to hire an attorney who specializes in medical malpractice, you should first learn more about their profession.
Because medical malpractice laws can vary in each state, it is also advised to look for an attorney who is not only in your state but is also a member of the state bar. One such law that affects Californians is the Medical Injury Compensation Reform Act of 1975. This drove down the cost of premiums to healthcare providers so they could have sufficient coverage. Your attorney will be able to provide you accurate and relevant legal counsel for your specific case.
