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How Can A Medical Malpractice Lawyer Help Victims Pursue A Claim?
A medical malpractice lawyer manages some of the toughest settlement negotiations among legal experts, as it can be tough to prove a doctor has committed negligence. Few people understand the duties a doctor must perform, and the risks associated with them. Even when badly harmed by a reckless healthcare professional, it isn’t always clear when the injury is a result of the doctor’s negligence, or when it’s due to existing health problems. Complicating the situation is the fact that there is an accepted level of risk with every procedure and treatment, and patients may just assume their injuries are due to chance. Finally, doctors are often reluctant to admit any mistakes, and may choose not to tell a patient about mistakes made during a procedure.
How can a medical malpractice lawyer help a victim pursue a claim?
In most cases, an attorney works with patients who were badly harmed by a healthcare provider. But even if a victim’s injuries are severe, it doesn’t automatically mean that the doctor will be liable for damages. The victim will have to prove that the healthcare provider was negligent in their duty of care. In other words, the injury must have been the result of a healthcare provider ignoring proper standards of care or not paying attention during treatment. For example, if a surgeon leaves an instrument inside a patient during a procedure, and the instrument causes serious internal damage, the surgeon will likely face a negligence claim. Some other common reasons for filing a claim include:
- Mistaken or delayed diagnosis – This represents a large portion of all claims, and they can be quite complicated. When a patient seeks care from a doctor, it is the doctor’s duty to generate a method for diagnosing the patient. This usually means ranking all possible conditions (based on the patient’s symptoms) by probability, and then ordering the proper tests to verify the condition. If a doctor fails in some element during this process, they may be found negligent.
- Childbirth injuries – Negligence can harm a child prior to birth, or during birth. During prenatal care, the doctor must identify any relevant health conditions with the mother, identify possible birth defects, and identify potential issues with the pregnancy, like an ectopic pregnancy. During childbirth, the doctor and nurses must handle the child with care, respond to sudden birthing complications, and ensure the child is healthy.
- Errors in prescribing or dosing medications – If a doctor does not prescribe the proper drug dosage or writes the wrong dose on the prescription, it may have dire effects on the patient. Also, many patients are susceptible to certain types of drugs, and doctors must take note of this before prescribing anything. A bad drug interaction with the patient may result in emergency or fatal complications.
A top medical malpractice lawyer will have experience with these types of claims, though they can help anyone who has been hurt by a healthcare provider. With their access to expert witnesses and broad knowledge of the industry, injury attorneys can provide close guidance throughout the legal process.