Building a Strong Medical Malpractice Lawsuit

The last thing everyone expects when seeking medical attention for illnesses and injuries is their condition deteriorating further because of the ignorance or carelessness of healthcare providers.

Unfortunately, medical errors are common, with over 20,000 medical malpractice cases being filed annually in the U.S.

If you suffer injuries or loss because of the carelessness of a doctor, nurse, or other medical personnel, you should file a medical malpractice lawsuit to seek compensation.

Like personal injury cases, medical malpractice lawsuits primarily rely on allegations of negligence. Building a solid case requires you to prove that the defendant (medical worker or healthcare facility) breached the standard of care.

Working with a professional medical malpractice attorney from The Tinker Law Firm PLLC can help you build a strong lawsuit.

Defining the standard of care in a medical malpractice lawsuit

Healthcare workers receive intensive training, and patients expect to receive quality care anytime they visit the hospital.

While the phrase varies from state to state, the standard of care for medical practitioners is they should provide reasonable and skilled care that another trained healthcare professional would provide in a similar situation.

The burden of proof in a medical malpractice lawsuit comes down to proving that the level of care provided by the defendant didn’t meet the expected standard of care.

Hiring medical experts in a medical malpractice case

Besides hiring an attorney, hiring medical experts can help you build a strong medical malpractice lawsuit. The accuser and the defendant should present an expert witness to the jury.

Some states have laws requiring those filing medical malpractice lawsuits to hire experts in medicine or related fields.

You should hire a medical expert for two reasons. First, they should help the jury establish the standard of care. They should also provide convincing evidence that the quality of care didn’t meet or breached the expected standard of care.

The medical expert can prove a breach of the standard of care by testifying that the medical practitioner didn’t order the right tests, leading to misdiagnosis.

However, not all medical malpractice cases require expert testimony. For instance, if the surgical team forgets a gauze or sponge in the patient, the error is obvious.

Even with an expert witness, the jury has the primary role of determining the experts’ credibility.Your attorney should introduce solid evidence to support your experts’ statements. This includes educational level and professional experience.

What you shouldn’t do

As you work on building a solid case, you should avoid the following:

• Talking to the insurance manager – You shouldn’t engage your insurer or risk manager if you’ve already filed the suit. Don’t release records, sign contracts, or answer questions. Instead, refer them to your medical malpractice lawyer.
• Don’t post your injuries or recovery on social media – Social media posts, pictures, and comments can be used against you.
• Don’t wait to take legal action – Medical malpractice cases have a statute of limitations. Waiting too long can void your case.

Endnote

Medical malpractices and errors happen, even as physicians try their best to avoid them. If you’ve been a victim, you should sue healthcare providers or the institution for compensation.

Since medical malpractice cases are tricky, working with an attorney can help you build a solid case.