We rely on medical professionals, whether they’re our doctors, our nurses, or our dentists. We give all our trust to them and put our health and wellbeing in their hands. So, what happens when even the best medical professional around betrays our trust or makes an undeniable mistake that makes our health worse? medical malpractice cases are more common than you think.
This is where a medical negligence lawyer comes in. They’re educated and trained to help you in your time of need with medical malpractice claims. Medical malpractice combined with negligence is no joke. You’re going to want the best lawyer on your side for justice.
It’s time to learn all about how a medical malpractice lawyer can help you in your suffering and what their duties are to you, the client.
Education Needed for a Medical Negligence Lawyer
When you’re looking around for the perfect medical negligence lawyer, you want to know what it takes to be one of these specialized personal injury lawyers for malpractice claims. You want someone with the education, training, and experience needed to properly represent you when there have clearly been medical errors.
Just like every other certified lawyer, he or she must obtain a four-year undergraduate degree. To be accepted into law school after receiving a bachelor’s degree, a malpractice lawyer has to pass the LSAT (Law School Admissions Test) exam.
Then the lawyer spends three to four years in law school for a JD (Juris degree). Their last year in law school, they choose what field they want to specialize in by the courses they take. A medical negligence lawyer uses this year to focus in “torts.” They usually also take on an internship to gain some experience under their belt.
When the lawyer has graduated from law school and they pass their bar exams, they get to work. They spend years practicing medical malpractice law in other law firms.
After five years of working experience in medical malpractice, a lawyer will receive their board certification from the American Board of Professional Liability Attorneys. Each lawyer has to document their last three years of major malpractice cases.
The Four Ds of a Medical Negligence Case
In order to understand what negligence is, you need to first understand that negligence is only one type of medical malpractice. Most medical negligence lawyers are actually medical malpractice lawyers and specialize in any medical malpractice lawsuit.
Medical negligence doesn’t always mean the patient was injured or died nor is it always considered medical malpractice. However, when this line is crossed and a patient has suffered, it is considered serious malpractice.
There are several law theories regarding medical malpractice that medical negligence lawyers will use in a malpractice case. The main law theory is based on the Four Ds.
These Ds need to be proved by the patient, the medical malpractice lawyer, and another health care professional in the same field for a successful lawsuit.
The Four Ds include:
Duty:
The very first thing your lawyer must prove is that you and your doctor had a professional relationship. There must be evidence that he or she was, in fact, your doctor. Therefore, your doctor had the duty to care for you and respect your personal wishes as well.
Derelict:
The next thing that needs to be proved in a medical malpractice case is that of derelict. This means you have to prove that the doctor didn’t comply with the professional standards all doctors need to adhere to for your best healthcare. This can be evidence of misdiagnosis or even being prescribed the wrong medication.
Direct Cause:
It has to be proved that your doctor’s negligence lead to an injury, worsen health conditions, or even death of a loved one. You’re proving the causation of your injury or suffering.
Damage:
Lastly, you and your lawyer must prove you have a real injury or have suffered due to your doctor’s negligence. Evidence can include your medical records or prescriptions. Damage can also include intense emotional damage as well.
Your Medical Negligence Lawyer’s Duties to You
You might be wondering what steps your medical negligence lawyer has to do to prove The Four Ds in a case. They have mountains of work to do to provide you with the best care and to represent you in the best possible way.
In order to get your malpractice case perfect, a medical negligence lawyer must:
- Your lawyer has to gather evidence to prove your case. They have to analyze your medical records to understand what went wrong. They may use experts to understand your doctor’s notes or any medical records needed for the case. They’ll also do thorough research on your injury or ailment to understand what’s going on with your body.
- They will work with medical experts in the same field as the health care provider you’re suing, so that they can back up that your doctor was negligent. This medical expert will also help your lawyer with case theories and even testify on your behalf.
- Your lawyer will help you set up independent medical examinations (or IMEs) from an objective doctor to determine your injury is legit. They will come with you to these appointments for both objective information and support.
- They’ll also take depositions from any and all medical experts, medical professionals, and witnesses involved with the complaint. This, of course, also includes depositions from you and the negligent doctor your complaint is against.
- Let’s not forget the huge amount of paperwork your lawyer has to do to get through your case.
The Bottom Line
No one ever wants to feel betrayed or neglected by a health care professional in any field. Unfortunately, these health malpractice tragedies happen more often than you realize.
You need malpractice and medical negligence lawyer with the right knowledge, experience, and tools to represent and support you in these troubling and difficult times.
If you have more legal questions, you can also chat now with a Laws101.com attorney, where you’ll be instantly connected to a lawyer who can give you legal guidance on your specific case or question.