Medical errors are now the third leading cause of death in the United States behind heart disease and cancer, according to a recent study by the Johns Hopkins University School of Medicine. This unfortunate reality has created a legal market with an abundance of lawyers available to take your case.
However, not all attorneys are created equal. Finding a medical malpractice lawyer may be relatively easy with the help of the Internet, but finding the best medical malpractice attorney for your case takes careful research and planning.
To help facilitate your search, here are some qualities to look for.
A Proven Track Record
There are many factors that can make pursuing a successful medical malpractice claim an uphill battle. You want a seasoned professional by your side who has handled countless cases and combatted multiple legal defenses to have the best chance possible. While each case has a unique combination of facts and issues, there are several arguments an experienced plaintiff’s lawyer can identify and deal with swiftly.
Some of the most common medical malpractice defenses your opposition will use include:
- Blaming you: The defendant will often attempt to shift the responsibility for the medical malpractice incident from themselves to someone else. In many situations, they will blame you and say that you did not seek follow-up care or failed to effectively treat your ailment.
- Blaming another doctor or healthcare provider: If you aren’t blamed for your condition, the defendant may shift responsibility to another healthcare provider. Typically, they will argue that a doctor or organization, other than themselves, had a greater role in your incident by failing to give the care you needed or improperly diagnosing your condition.
- Denying all liability: Lastly, defendants may deny all liability for your medical malpractice incident. Rather than blaming you or anyone else for your condition, the defendant will argue that all your claims of wrongdoing or negligence are false and therefore no party can be held liable for your suffering. By maintaining this defense, that healthcare professional is saying your incident was caused by unforeseen circumstances.
A Deep Understanding of Medical Malpractice Law
There are some things that make medical malpractice litigation different from other types of law. One of the greatest differences is that jurors typically have an inherent bias that favors healthcare professionals, particularly physicians. Everyone has received medical care from a doctor at one point in their lives, and nearly all of them did so because they believed doctors have their best interest in mind.
Naturally, this commonality will result in jury pools that favor a physician or practitioner’s testimony in medical malpractice cases due to their predominantly positive perspectives about the profession.
However, an experienced medical malpractice attorney can work around this preconceived notion to help your case, and, in fact, take the current healthcare system and turn it to your favor.
There are many misconceptions about medical malpractice and one of them is that doctors and other healthcare professionals should not be held responsible for their errors. Every allegation should be taken seriously because these life-altering incidents can happen to anyone.
An Understanding of the Medical Malpractice Pre-suit Process
If you’ve determined you have a medical malpractice case, you must find a lawyer that takes the early and pre-trial stages of your claim seriously. It’s difficult to know how long a medical malpractice lawsuit will take to complete. Many last for years, and without laying a proper foundation, there’s a chance you won’t receive the results or the justice you deserve.
Establishing that foundation can be very complex and has several phases. The medical malpractice investigation is one of the most important phases of the pre-suit process and consists of five steps to position your case for the best possible success in the future:
- Gathering of facts: Due to factors such as their mental or physical conditions, some victims do not have a concrete recollection of the events that led to their incident. Therefore, the first step in many investigations is to gather information to secure a complete understanding of what happened.
- Preservation of evidence: Once the facts have been gathered, evidence such as medical records, scans, and medical charts are collected and preserved so that they are available to reference if your case goes to court.
- Finding experts: After the necessary evidence is assembled, experts are sought out to provide insight that will help the attorney and their team decide the best direction forward.
- Gathering information on potential defendants: The final and most important step of the medical malpractice investigation is learning more about the potential defendants and their actions. Knowledge is power, and understanding a defendant’s history can provide essential details about their previous actions that may help your case.
- Gathering witness testimony: At this point, your attorney will gather testimony about the case from individuals such as your friends, your family, and your treating physicians to support your claim.
Access to an Expert Network
Behind every great medical malpractice attorney is an equally great network of experts and advisors to assist you from the beginning until the conclusion of your case.
Experienced attorneys have a stable of medical experts in all the medical specialties, as well as seasoned wealth management advisors, estate and trust professionals, and more to meet a client’s needs. That expert network can even be invaluable to your post-trial recovery.
Finding the right medical malpractice attorney for your case can be difficult, but at GRYC, we’ll be with you throughout every step of your case. You and your family can rest assured that our team of award-winning medical malpractice attorneys will do whatever it takes to deliver the justice you deserve.
Over the last 30 years, we have secured countless successful verdicts throughout Florida, and the nation, and specialize in high-stakes medical malpractice, personal injury, and complex litigation cases.
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