5 Vital Roles of a Lawyer in Medical Malpractice Claims

Medical malpractice cases are difficult for all parties involved. In the U.S., a patient can sue a medical professional for medical malpractice when that professional breaches the applicable standard of care through negligence or an act or omission, and the breach proximately causes injury to the patient.

A 2023 survey found that general surgeons were the most frequently sued medical malpractice specialists in the United States.

When a healthcare provider’s negligence or deviation from the standard of care causes injury, patients have the legal right to seek compensation through a medical malpractice lawsuit. 

But these are often complicated cases, and to pursue them successfully, you need an experienced medical malpractice lawyer on your side. 

In this blog, we’ll discuss what role a lawyer plays in a medical malpractice claim and how they can help you file a successful lawsuit.

1. Provide Legal Guidance and Clarity

Dealing with a medical malpractice case is overwhelming. Not knowing what your rights are, what to do next, and how the legal system works in your jurisdiction can make matters even worse. 

That’s where medical malpractice lawyers come into play. Their first responsibility is to bring some clarity to the case.

For example, do you know that certain states, such as Georgia, only give you two years from the time of an injury or discovery of an injury to file a medical malpractice suit? In such a case, you stand a good chance with your case if you hire an experienced Georgia Medical Malpractice lawyer to ensure all your deadlines are met and your paperwork is filed accordingly.

But their role doesn’t end with just this deadline-orientated help. An attorney determines if you have a case by viewing these three aspects: 

• Did the provider owe a duty? 
• Was there a breach of that duty?
• Did the breach proximately cause injury/damages?

They simplify these legal terms for you so you know what’s needed. This guidance lets you concentrate on what’s really important: recovering, while an attorney handles the legal details.

2. Investigate the Case

Medical malpractice often involves a certain degree of negligence, and building a good case requires solid evidence. A lawyer’s second role is to act as an investigator who pieces together the facts. To do this, they pour over your medical records with a fine-toothed comb. 

If you need assistance understanding what could have gone wrong, no worries. Your lawyer is there to help. They’ll read through your medical records and search for inconsistencies or errors. 

For example, if a doctor made a surgical error, your attorney will closely examine the surgical notes, lab reports, results, and follow-up notes. Your attorney will also look at when specific events or decisions occurred in relation to the time of injury. Was there a delay in diagnosis, or did the provider fail to act on certain test results? 

They could even go as far as interviewing witnesses who would be helpful, such as nurses, doctors, X-ray technicians or any staff members who saw first-hand what went on with your care. The goal is to establish how the provider’s actions did not meet the expected standard of care, which helps build a strong claim with your damages.

3. Connects You with Expert Witnesses

In medical malpractice cases, expert witnesses often make or break the claim. These are professionals, usually doctors or other healthcare specialists, who testify about the standard of care you were accorded and whether it was breached.

The role of a lawyer is to locate and consult with these expert witnesses. A skilled lawyer will know what type of experts to hire for your particular case. If your claim is based on a misdiagnosed cancer, then an oncologist may be needed to testify as to what a reasonably competent doctor would have done differently.

Expert witnesses help to break down complex medical issues that the court or jury must decide for your claim. They will offer their opinion as to why certain decisions were erroneous and how they led directly to your injuries. Without this testimony, you likely won’t be able to prove medical negligence in court.

4. Negotiate with Insurance Companies

If you’ve ever had to deal with an insurance company, you know that they can be difficult to work with. Their goal is to pay out as little as possible, and if that means undervaluing a claim, so be it. This is where having an experienced lawyer by your side can really come in handy.

One of the most important roles of a medical malpractice lawyer is to negotiate on your behalf with the insurance company, which will involve adding up all of your damages, such as:

• Medical bills (past and future).

• Lost income if you can’t work.

• Pain and suffering.

• Emotional distress.

Insurance companies will often attempt to diminish the seriousness of your injuries or argue that the defendant wasn’t responsible. The attorney’s role is to prove otherwise and demand what’s considered fair compensation for your pain and suffering.

5. Represent You in Court

Most medical malpractice cases are, in fact, settled before they ever go to court. However, a good lawyer should be prepared to represent you before a jury if they cannot negotiate an acceptable settlement on your behalf.

Courtroom representation is more than just appearing in court. The lawyer prepares a strong argument on your behalf with all available evidence and expert testimony. They cross-examine witnesses, challenge the other side’s claims, and present your case in the most favorable light.

Trials can be tough emotionally, especially when they require you to relive the trauma of a medical experience. However, if you have an experienced lawyer advocating for you, your voice will be heard, and your story will be told in a way that promises the best result possible.

Final Thoughts

Medical malpractice claims are one of the most difficult types of personal injury cases to pursue. The lawyer handling your case must have a solid understanding of the law and medical standards and be skilled at gathering evidence, working with experts, and presenting a case in front of a jury.

Their role is pretty multifaceted in these cases; they help you navigate the process, investigate what happened, hire experts, handle negotiations, and, if necessary, represent you in court. Each role is crucial to securing the compensation you need to move forward.