What Does a Medical Malpractice Attorney Do?

Patients have a right to trust that their doctors, surgeons, and nurses will provide them with high-quality care. No one should suffer more because they sought medical treatment.

Medical malpractice happens when a health care provider fails to take appropriate action or takes inappropriate action. When this type of behavior results in harm to the patient, medical negligence has occurred.  

What does a medical malpractice attorney do? A medical malpractice attorney works to hold negligent care providers legally and financially accountable.  

Oftentimes, negligence or malpractice involves an error on the part of the care provider. Many different circumstances may constitute malpractice. However, it is important to note that not every mistake by a doctor qualifies as medical malpractice. While they are highly trained, medical care providers are only human.  

When a medical professional provides unreasonably subpar care, they may be found negligent. Fortunately, medical malpractice lawsuits make it possible for patients to recover financial compensation for the losses they experience.

Unlike other medical errors, a case of medical malpractice will have the following features:

Failing to Provide a Professional Standard of Care

Doctors and other care providers are legally required to provide a professional standard of care to patients. Certain practices are considered appropriate in a professional medical care context.

Patients have the right to expect this high standard of treatment and care. When a professional fails to provide care that meets this professional standard, they may be considered medically negligent.  

Speaking with a knowledgeable medical malpractice attorney will help you determine whether your situation qualifies as negligence.

What does a medical malpractice attorney do to prove negligence? For example, an attorney might find a similarly trained medical professional to serve as a witness. If the provider states that they would have acted differently in the same situation, that could be evidence of malpractice.

The Negligence Caused the Patient Injury

To prove medical negligence, the victim must show that their care provider’s behavior resulted in damage. In other words, a violation of professional care standards is not enough.

The victim must show that they sustained harm that would not have occurred in the absence of the negligent behavior. If the negative health outcome was not the result of the doctor’s action, it will not qualify as malpractice.

The Injury Resulted in Damages for the Patient

To successfully pursue a medical malpractice suit, the plaintiff must provide evidence that they sustained significant damages. The patient must prove that the harm they suffered requires significant financial recovery.  

Patients can pursue financial compensation for any of the costs and losses resulting from medical malpractice. In some cases, it is difficult to prove a causal connection between the care provider’s action and the patient’s damages.

What does a medical malpractice attorney do in cases like this? A skilled tort lawyer will leverage the available evidence to prove that the plaintiff’s injury or illness was the result of the medical professional’s negligent action.

Medical negligence can take many different forms. Some of the most common examples of medical malpractice include the following:

• Misdiagnosis or late diagnosis
• Failure to provide a diagnosis
• Performing unnecessary surgery
• Failing to recognize relevant symptoms
• Failing to request appropriate medical tests
• Failing to account for a patient’s medical history
• Discharging the patient prematurely
• Inadequate follow-up care or aftercare
• Performing surgery on the wrong site
• Prescribing the wrong medication
• Prescribing the wrong dosage of medication

These are only some examples of situations that may constitute medical negligence. To better understand the status of your case, speak with one of the accomplished legal professionals at Morgan & Morgan.

One of the most important functions of a medical malpractice attorney is determining legal liability. It is crucial to find out who is legally responsible for causing your injury or illness. 

Medical malpractice claims can be particularly complex in terms of liability. In general, victims can take legal action against the individual who failed to fulfill their professional duty of care.

But in some instances, injury victims may be able to pursue compensation from the individual’s employer. The team at the firm of Morgan and Morgan has plenty of experience with medical malpractice claims. We will review the circumstances of your claim and help you seek recovery from all of the liable parties.

Some of the most common examples of legally liable parties in medical malpractice claims include:

Doctors and Surgeons

Most medical malpractice claims involve holding doctors or surgeons accountable for their actions. These highly trained professionals are required to offer reliable care to those in need.

When a medical error causes further harm to the patient, the individual responsible can be held accountable. For this reason, surgeons and doctors are often the defendants in this type of legal claim.

Hospitals and Surgical Centers

Hospitals are responsible for the behavior of their employees. So if a worker contributed to your illness or injury, you might be able to recover compensation from the hospital.

For example, medical technicians and nurses are typically employed by hospitals or other care centers. When you sustain an injury at a surgical center or hospital, you might be able to hold the organization accountable for the damage that you suffered.

Nursing Homes

Nursing homes also bear some responsibility for their employees’ actions.

If a negligent nursing home employee caused or contributed to your injury, you may be able to sue for compensation. Speak with a skilled legal expert regarding your nursing home negligence claim.

In-Home Care Providers or Agencies

Patients who rely on in-home medical providers have the right to expect safe and reliable care. When an in-home care provider’s negligent actions result in harm, the victim has the right to sue.

In-home care agencies can also be held liable for the negligent behavior of their employees. In many medical malpractice cases, victims can pursue compensation from more than one liable party.

Make sure to schedule a legal consultation to discuss which parties are responsible for the harm that you suffered. It is important to hold negligent medical care providers responsible for the damage they cause.

Even if you are certain that your medical negligence claim is valid, you may not know what an attorney will do for you. Tort claims and lawsuits involve many nuanced and complex legal processes.

Specific knowledge, skills, and experience are necessary to successfully navigate all of the requirements of a civil claim. Fortunately, the legal firm of Morgan & Morgan has been representing victims of negligence for more than three decades.

When you secure our services, we will handle every legal element of your medical malpractice case. We believe that victims should concentrate on their own health and physical recovery. That is why we will oversee the following portions of your medical negligence case:

• Completing and filing required legal documents
• Determining who is liable for your injuries
• Accurately calculating the value of your illness or injury
• Securing eyewitness testimony, if possible
• Gathering evidence related to your claim
• Obtaining relevant medical records
• Negotiating forcefully with the opposing party
• Filing a malpractice lawsuit if needed

When you hire the firm of Morgan and Morgan, you can rest assured that your case is in capable hands. Schedule a free consultation to discuss what our accomplished tort lawyers will do to pursue compensation for you.

The financial compensation that you can hope to recover in a medical negligence case will depend on the details of the situation. In general, the more severe your injury or illness, the more you can hope to recover.

Oftentimes, medical malpractice victims experience significant financial costs as the result of their injury or illness. Plaintiffs can seek compensation for direct monetary losses through “economic damage” payments, including:

• Current and future medical care costs
• Foregone income and wages from missed work
• Loss of ability to earn income

Illness and injury victims also suffer intangible harms. Legal payments to compensate for these losses are called “non-economic” damages. Examples of these include:

• Pain and suffering
• Post-traumatic stress disorder (PTSD)
• Emotional anguish
• Disability and disfigurement

To accurately calculate the total value of damages in your medical malpractice case, speak with the legal professionals at Morgan and Morgan.

The attorneys at Morgan & Morgan only receive a fee if we successfully resolve your claim. You will not pay anything unless we get a favorable outcome for you.

Typically, a portion of your financial recovery will be used to cover the costs of our attorneys’ legal services.

When a doctor or other medical professional has failed to provide you with an adequate standard of care, you have options. You should not be stuck with the financial and personal losses that result from medical negligence.

If you need reliable legal representation, look no further than the nation’s largest tort law firm—Morgan & Morgan. Our specialists will happily provide you with a free consultation. Complete the simple form on our website to arrange your free case evaluation.