Law Blog

dormanlawad-728x90-banner-v2-ani

What do medical malpractice attorneys do?

Law
SHARE
, / 29 0

The American Medical Association Journal (JAMA) reports that medical malpractice is the third-highest factor leading to deaths in the United States. A Miami Medical Malpractice Attorneys is a qualified and licensed law professional who helps victims of medical malpractice and negligence seek justice. If a case of medical failure is proven in the court of law, the compensation against damages can run into millions and billions. Depending on the subject, the hospital, nursing home, or the medical practitioner can be paying a substantial amount to the plaintiff.   Medical malpractice can be caused due to a lack of know-how, negligence, or misconduct.  In case the issues caused damages or injuries to the patient, the case becomes sounder.

 

The role of a Miami Medical Malpractice Attorney

An attorney experienced in this domain will evaluate and assess all the pieces of evidence to prove the case on three essential elements:

  1. Prove that the healthcare provider needed to perform the ‘duty to care’ for the patient. The attorney proves this particular aspect by taking out medical records, bills, and prescriptions to verify that the doctor was treating the petitioner when he got the injury.
  2. This evidence proves that th the doctor had a legal responsibility of ‘duty to care,’ which he or she did not perform. Breach of duty is against the established medical standards and therefore falls under the purview of medical negligence.
  3. The first thing that the Miami Medical Malpractice Attorney needs to do is prove that there has been a breach of care and that the the petitioner has incurred injuries and damages with serious repercussions.

 

How does a Miami Medical Malpractice Attorney build his case?

 Like any other profession, a malpractice attorney in Miami will use some pre-defined tools, some expertise, and some of his professional insight to build the case.

The tools that he uses are:

  • Collect disposition or second and third opinions from medical experts.
  • Speak to the plaintiff in details to make the case sound.
  • Study the medical records of the paitent exhaustively.
  • The lawyer also needs to investigate similar lawsuits that have occurred earlier to see how things have proceeded in such cases.
  • Seel help of qualified medical experts to study the petitioner’s case in-depth and review the various reports so that there is enough evidence to back the claim.
  • Reputed and credible Miami Medical Malpractice Attorneys also accompany their clients for third-party medical examinations and better and comprehensively view the case.

 

Trust only experienced attorneys

When the attorney is experienced and a specialist in medical malpractice cases, a lot of the work becomes easy. The victim or the plaintiff has a lot to deal with. There is mental and physical trauma to handle, and to top it, if one has to take the pressures of the litigation, things can become too much. Plus, the entire scope is too complicated, and one needs to be thoroughly clear about what is included in malpractice and negligence and what is not.