A medical malpractice attorney for complex claims can help patients receive compensation for the harms they suffer due to a health care provider’s negligence. Malpractice cases can involve everything from misdiagnosis to surgical errors and even birth injuries such as Erb’s palsy or cerebral palsy. They can also involve faulty medical devices or medication.
The first step in a medical malpractice claim involves demonstrating that the healthcare professional owed you a duty of care and that they breached that duty. This can be done by showing that they did something that another medical professional would not have done under similar circumstances. The next step is to show that the breach directly caused your injury or worsening condition. This typically requires proving causation through expert witnesses, detailing the specific ways that the injury was caused, and showing that it would not have happened if the healthcare provider had met the standard of care.
Medical Malpractice Attorney for Complex and Sensitive Cases
Lastly, your lawyer must prove that you suffered actual damages from the medical malpractice. This can include physical pain and emotional distress, lost wages from being unable to work, loss of future earning capacity, and other financial losses. It may be possible to recover punitive damages as well, which are meant to punish the defendant and send a message to others in the medical community.
It is important that you work with a skilled and experienced lawyer when filing a medical malpractice claim. It can take a significant amount of time to review the medical records, details of hospital practices and policies, and other documentation before deciding on whether to pursue settlement negotiations or go to trial.