Going up against the medical community in a medical malpractice lawsuit is not always cut and dry. The process is often long and can sometimes end in disappointment. According to the Journal of the American Medical Association, there are around 225,000 deaths due to medical malpractice each year. When a medical professional does not hold to their duty of care, they can be held responsible by the victim. There is no reason for victims to pursue a case alone when a medical malpractice lawyer can help.
Gathering evidence is vital for pursuing a medical malpractice claim but the average person would not have the credentials needed to pull the records and conduct an investigation. When a lawyer takes on a case, they immediately begin working with an investigative team. An investigator tracks down the past records of the doctor or other medical staff involved in an attempt to find something that can be used.
There are a few main areas the lawyer must be able to prove:
- The doctor owed a duty of care to the plaintiff.
- The doctor breached the duty of care and acted outside of what a reasonable person would.
- The breach of duty of care caused the plaintiff to be injured.
- The damages are measurable.
In most cases, a victim must first pursue the insurance company of the doctor who caused the injury. The goal of this company is to settle quickly and discreetly because they do not want bad publicity for the doctor.
If working with the insurance company proves fruitless, there are other means of settlement, including pursuing a lawsuit. A lawsuit does not mean the case will actually have to go to court to be settled. Often, a defendant will do all they can to settle outside of court so the odds are in favor of a settlement being reached without court intervention.
If you have been injured because of a breach of duty of care by your doctor, you need to hire a medical malpractice lawyer. To find out more, visit website. With the help of a lawyer, you can get through the process much easier. You can also follow them on Twitter.
