Medical Negligence Lawsuits: Why You Should Only Hire an Experienced Lawyer

Medical procedures and treatments don’t always go as planned. Despite the best efforts of doctors and medical staff, things can and do go wrong. When a poor medical outcome is the result of negligence on the part of a healthcare provider, the patient may have grounds for a medical malpractice or negligence lawsuit.

These cases can be complex, expensive, and time-consuming. Having an experienced medical malpractice attorney on your side increases your chances of success significantly. Keep reading to understand what constitutes medical negligence, the benefits of hiring a reputed lawyer, and how to find the right one for your case.

What is Medical Negligence?

Medical negligence, also called medical malpractice, occurs when a healthcare professional fails to provide appropriate medical treatment, either through action or inaction, resulting in injury, complications, or death of a patient. Some examples include:

• Misdiagnosing or delaying diagnosis of a medical condition
• Prescribing the wrong medication or wrong dose
• Leaving surgical equipment inside a patient’s body
• Improperly performing a surgery or procedure
• Failing to recognize symptoms or provide timely treatment
• Not monitoring a patient properly
• Discharging a patient prematurely
• Failing to communicate test results

Negligence also extends beyond doctors to nurses, specialists, therapists, dentists, and any other medical provider. If proven, the patient may be entitled to compensation for damages like:

• Additional medical costs
• Lost income
• Loss of future earnings
• Pain and suffering
• Emotional trauma

Proving Negligence Requires Solid Evidence

Filing a medical negligence lawsuit is a complex process. The burden of proof lies with the plaintiff (the patient) to conclusively establish that the defendant (doctor, hospital) acted negligently and directly caused the injury or damage.

Some of the evidence needed includes:

• Medical records – Must show substandard treatment provided.
• Expert testimony – Usually required to establish medical standards were breached.
• Scientific literature – Scholarly articles may support your claim.
• Bills and receipts – Document extra costs incurred due to negligence.
• Photographic evidence – Can sometimes show negligence clearly.

Building a compelling case requires working with experienced medical experts and attorneys who know how to correctly collect, interpret, and present evidence.

Why the Lawyer’s Reputation and Experience Matters

The success of a medical negligence case depends largely on the reputation, resources, knowledge and experience of the lawyer. Here’s why it matters:

• Experience handling medical cases – A lawyer with an established medical malpractice practice has a deep understanding of related laws and litigation processes. They also have networks of medical expert witnesses.
• Higher success rate – Seasoned lawyers have greater success convincing courts and insurance companies because of their strong record with similar cases.
• Better resources – Established firms have teams of professionals, money to cover expenses, and access to specialized expertise.
• Negotiation skills – Prominent lawyers are better negotiators, often securing much higher value settlements.
• Dedicated focus – Renowned medical malpractice attorneys dedicate their entire practice to these cases. Other firms dabble or hand off cases.
• Reputation adds credibility – Big firm names often pressure defendants into better settlements to avoid drawn-out court battles.

Finding the Right Medical Negligence Lawyer for You

Not all medical malpractice lawyers are equal. Spend time researching options before committing. Here are some tips:

• Search state bar association directories – All licensed attorneys are listed. Review credentials and experience.
• Focus the search – Look for lawyers and firms specializing specifically in medical negligence and malpractice law.
• Verify case experience – Check that they have handled cases similar to yours many times before.
• Read reviews and testimonials – Get insight from former clients on responsiveness, legal skills, case handling, and outcomes.
• Consider hospital referrals – The medical institution may provide a list of recommendations based on reputation.
• Ask trusted doctors – Well-connected physicians often know the most respected lawyers to handle cases.
• Arrange consultations – Most offer free case assessments and consultations before hiring.

Be wary of lawyers advertising medical malpractice services as just one small part of their general practice. For best results, partner with dedicated professionals like Martino Mccabe a renowned medical malpractice lawsuit lawyer in Jacksonville.

What to Expect As Legal Process from Start to Finish

If you decide to pursue compensation through a negligence lawsuit, here is an overview of what to expect at each stage:

• Initial consultation – Review facts of the case and options. Lawyer provides opinion on next steps.
• Case investigation – Collect medical records, test results, bills. Interview witnesses, consult with experts.
• Demand letter – Lawyer presents case and demands settlement from healthcare provider’s insurance company.
• Negotiation – Insurer makes counteroffer, negotiations work toward an agreeable settlement. Could take weeks or months.
• Filing lawsuit – If negotiations fail, paperwork is filed with the court stating intent to sue and spelling out the specific allegations.
• Discovery – Extensive information exchange including depositions, interrogatories, document requests. This builds the legal arguments.
• Motions – Lawyers may file motions to dismiss certain claims or exclude evidence. More back and forth.
• Settlement conference – One last attempt to settle out of court. Judge may facilitate negotiations.
• Trial – If no settlement, the case goes to trial before a judge or jury who will decide if negligence occurred.
• Resolution – Either a settlement is reached or the jury/judge award damages after trial concludes. Appeals may still occur after.
• Payment – Once all appeals are resolved, the defendant’s insurance company releases the settlement money, closing the case.

Having a clear roadmap sets realistic expectations for the process and outlines the lawyer’s responsibilities at each phase.

Choose Wisely As Your Lawyer Matters Most

Suffering due to apparent medical negligence can be infuriating. Yet it is crucial to do careful research and make a reasoned choice around legal representation. Retaining an attorney with specific experience litigating medical malpractice cases in your state gives you the greatest chance of success.

Don’t let the potential stress and urgency of the situation rush your decision. Take time to thoroughly evaluate multiple options. Meet with lawyers before committing. Read reviews and talk to former clients. Ask for case examples and success rates.

Landing an experienced medical negligence lawyer with a proven track record offers peace of mind. You can rest easier knowing your case is in capable hands. The extra diligence upfront can make all the difference down the road.