What Does a Medical Malpractice Attorney Do?

When you seek medical treatment, you should be able to trust that your healthcare providers will meet the appropriate standard of care. Unfortunately, medical negligence can sometimes cause a patient’s condition to worsen or lead to additional injuries.

If you were harmed because of a healthcare provider’s negligence, you may have the right to pursue compensation through a medical malpractice claim.

But medical malpractice cases can be complicated. Determining whether negligence occurred, identifying who may be responsible, gathering medical evidence, and proving that the provider’s actions caused harm can require a detailed investigation.

So, what does a medical malpractice attorney do? A medical malpractice attorney can investigate your claim, determine whether you may have a case, and pursue compensation from those responsible.

If you believe you were harmed by medical negligence, Morgan & Morgan can review your situation during a free case evaluation.

What Is Medical Malpractice?

Medical malpractice can occur when a healthcare provider fails to meet the appropriate standard of care and causes harm to a patient.

However, not every medical mistake, complication, or poor outcome qualifies as malpractice. Generally, a medical malpractice claim must show that the provider failed to meet the applicable standard of care, that this failure caused or contributed to the patient’s injury, and that the patient suffered damages as a result.

The Provider Failed to Meet the Standard of Care

Doctors and other healthcare providers are expected to provide care that meets accepted professional standards.

Determining whether that standard was met often requires looking at how a reasonably careful healthcare provider would have acted under similar circumstances. Medical experts may be used to evaluate the care provided and explain whether it fell below the applicable standard.

The Negligence Caused Harm

A healthcare provider’s mistake alone is generally not enough to establish malpractice. The patient must also show a connection between the provider’s negligence and the resulting injury or worsening condition.

This can be particularly important when a patient was already ill or injured before receiving treatment.

The Patient Suffered Damages

A medical malpractice claim must also involve harm that resulted in compensable losses.

Depending on the circumstances, those losses may include additional medical expenses, lost income, pain and suffering, disability, or other consequences of the injury.

How Do You Know If a Medical Error Was Preventable?

Not every complication or unexpected medical outcome is the result of negligence. Some complications can occur even when a healthcare provider follows the appropriate standard of care.

Determining whether a medical error was preventable often involves examining what another reasonably careful healthcare provider would have done under similar circumstances. For example, certain symptoms, test results, or changes in a patient's condition may require additional testing, treatment, or monitoring.

A failure to recognize warning signs can sometimes indicate medical negligence. The same may be true when a healthcare provider fails to monitor a patient's condition or respond appropriately when that condition changes.

Medical records, test results, treatment notes, and other evidence can help show what information was available to the healthcare provider and whether appropriate steps were taken.

However, an unexpected or poor medical outcome alone does not establish malpractice. A medical malpractice claim generally requires evidence that the provider failed to meet the applicable standard of care and that this failure caused harm to the patient.

Common Types of Medical Malpractice

Medical malpractice can take many forms. Some claims involve a clear treatment error, while others may stem from a failure to recognize symptoms, order appropriate testing, or provide proper follow-up care. Common examples may include:

• Misdiagnosis or delayed diagnosis
• Failure to diagnose a medical condition
• Failure to recognize important symptoms or warning signs
• Failure to order appropriate medical tests
• Performing unnecessary surgery
• Wrong-site surgery
• Medication or dosage errors
• Failure to consider a patient’s medical history
• Premature discharge
• Inadequate follow-up care or aftercare

These situations do not automatically mean medical malpractice occurred. Whether a provider was negligent depends on the circumstances, the applicable standard of care, and whether the provider’s actions or omissions caused harm to the patient.

What If a Patient Had a Preexisting Condition Before the Medical Error?

A preexisting condition does not necessarily prevent a patient from pursuing a medical malpractice claim. However, it can make it more difficult to determine which injuries were caused by the underlying condition and which may have resulted from negligent care.

In these cases, the key question is often whether the healthcare provider’s actions caused the condition to worsen, created additional harm, or delayed treatment in a way that affected the patient’s recovery.

Medical records, diagnostic tests, treatment history, and expert testimony may help show the patient’s condition before the alleged negligence and how it changed afterward.

Ultimately, a medical malpractice claim must establish a connection between the provider’s negligence and the additional harm the patient suffered.

Who Can Be Held Accountable in Medical Malpractice Cases?

One of the most important parts of a medical malpractice claim is determining who may be legally responsible for the patient’s injuries. Depending on the circumstances, potentially liable parties may include:

• Doctors and surgeons
• Nurses and medical technicians
• Hospitals and surgical centers
• Nursing homes
• In-home care providers or agencies
• Other healthcare professionals or facilities involved in the patient’s care

In some cases, an individual healthcare provider may be responsible for negligent care. In others, a hospital, medical facility, or healthcare agency may also be liable for the actions of its employees or for its own failures.

Because liability depends on the relationships between the providers, facilities, and other parties involved, identifying everyone who may be responsible can require a detailed review of the patient’s treatment and medical records.

What If More Than One Healthcare Provider Contributed to the Injury?

Medical treatment often involves several healthcare professionals, and more than one provider may contribute to the same injury.

For example, a patient may receive treatment from doctors, specialists, nurses, technicians, and hospital staff during the same period of care. Errors can also occur when a patient is referred to another provider, receives a consultation, or is transferred between departments or healthcare facilities.

Communication failures can be especially important in these cases. A provider may fail to communicate test results, changes in the patient's condition, medication information, or other details another healthcare professional needs to provide appropriate care.

Determining responsibility may therefore require examining the actions of each healthcare provider involved. Medical records and other evidence can help establish who made particular decisions, what information each provider had available, and whether failures by multiple providers contributed to the patient's harm.

When more than one healthcare provider is responsible, liability may be divided among multiple parties depending on the circumstances and applicable law. A medical malpractice attorney can investigate the patient's course of treatment and identify the parties whose actions may have contributed to the injury.

What Does a Medical Malpractice Attorney Do for Their Clients?

Medical malpractice cases can involve complex medical evidence, legal requirements, and questions about who is responsible. A medical malpractice attorney can handle these aspects of the claim while pursuing compensation on the patient’s behalf. Depending on the case, an attorney may:

• Investigate the circumstances surrounding the injury
• Gather medical records and other evidence
• Consult with medical experts
• Determine who may be liable
• Evaluate the patient’s damages
• Complete and file required legal documents
• Negotiate with insurance companies and other parties
• File a medical malpractice lawsuit when necessary

An attorney can also help establish whether the healthcare provider’s negligence caused the patient’s injuries and determine what compensation may be available.

What Are Some Examples of Damages in Medical Malpractice Cases?

The compensation available in a medical malpractice case depends on the harm the patient suffered and the losses caused by the negligence.

Economic damages may compensate for financial losses such as:

• Current and future medical expenses
• Lost wages or income
• Loss of future earning capacity

Non-economic damages may compensate for losses that do not have a direct financial value, such as:

• Pain and suffering
• Emotional distress
• Disability or disfigurement
• Loss of enjoyment of life

The types and amount of damages available will depend on the circumstances of the case and applicable law.

How Much Does a Medical Malpractice Lawyer Cost?

Morgan & Morgan handles medical malpractice cases on a contingency fee basis. That means you do not pay an attorney’s fee unless we successfully recover compensation for you.

If there is a recovery, the attorney’s fee is typically paid as a percentage of the amount recovered.

Contact Morgan & Morgan

If you believe you were harmed because of medical negligence, you may have the right to pursue compensation.

The medical malpractice attorneys at Morgan & Morgan can review your case, help determine whether negligence may have occurred, and explain your legal options.

Contact us today for a free case evaluation. The Fee Is Free™ means you pay no attorney’s fee unless we recover compensation for you.