Despite the false reality perpetrated by the insurance industry, the fact is that people do not go through the strain and stress of a medical malpractice case seeking a windfall. In truth, many of the victims of medical malpractice do not pursue legal actions against the doctors, nurses, and other healthcare professionals at all. One of the reasons for this is that it is difficult for someone to believe that the trusted and talented medical professional could have made a mistake. Some patients fear that their doctors no longer will provide care and they are afraid of losing that.
In other instances, the medical community circles the wagons and makes it incredibly difficult to prove malpractice. A skilled medical malpractice attorney is crucial to getting the support that a person who has been injured by negligence needs. Millions of people every year are impacted by medical malpractice every year, but most do not pursue legal actions.
Medical malpractice basically means that the doctor, nurse, or other healthcare professional made a preventable mistake. The way that mistake is measured is by demonstrating the standard of care, which is based on the nature of the position being performed by the medical professional. The standard of care is based on what a reasonable medical professional with the same education, background, and training would have done under the same circumstances. The standard takes into account many different variables, including the age and health of the patient, the geographic location, and the specific skills of the healthcare provider. A medical malpractice attorney understands what is necessary to demonstrate the appropriate standard and how the healthcare provider breached that standard.
In order to maintain a successful medical malpractice case, it is necessary to prove the following:
- The doctor, nurse, or other medical professional made a mistake, which could be an act or failure to act; and
- The error was the direct and proximate cause of serious harm to the patient.
There are many reasons to contact an experienced and passionate advocate as soon as possible after a person has been injured by medical negligence, including the following:
- There is a strict time limitation on when a medical malpractice case must be filed and when that period has expired, it is impossible to bring a legal action, regardless of how egregious the mistake made by the doctor or other medical professional. The period of time in which to commence a case varies based on the jurisdiction in which the injury occurred;
- A medical malpractice attorney understands how to analyze the evidence, including documents and testimony, in order to evaluate the likelihood of success in a medical malpractice case;
- Building the case and preparing the paperwork requires experience and a commitment to getting the victim of malpractice compensation to satisfy outstanding bills, receive necessary treatment and rehabilitation that may last far into the future, pay for necessary accommodations, and recognize the physical pain and emotional suffering of the person who has harmed; and
- It is important to have the right medical expert to demonstrate the negligence of the wrongdoer. A qualified medical expert establishes the standard of care to which the healthcare provider should have adhered and then sets forth the manner in which the breach of the duty of care resulted in the serious harm suffered by the injured person.
A medical malpractice attorney also can provide an invaluable initial evaluation for a person who believes that there may have been malpractice. It is possible that the doctor or other healthcare provider did everything right, but there still was an unexpected outcome. A good attorney will provide an honest assessment of whether or not it will be possible to prevail in bringing a medical negligence case against a healthcare provider.
Stern Law, PLLC Strives to Get the Right Outcome for Malpractice Victims
Medical malpractice is all-too-common and devastates the lives of individuals and families. It is imperative to get the right malpractice attorney fighting for your rights if you have suffered serious harm due to a preventable medical mistake. At Stern Law, PLLC, our attorneys have more than 30 years of experience in uncovering critical information, finding the right medical experts, and building successful malpractice cases in order to get the financial resources that our clients need to move forward with their lives. Stern Law, PLLC also provides resources for anyone with questions or concerns about medical malpractice and the mistakes by healthcare providers that cause terrible harm. We have knowledgeable and dedicated staff members available 24 hours per day, seven days per week, to answer any questions, regardless of whether or not you are a client. Call us at 1-844-808-7529 or fill out an online contact form in order to learn how we can help you get through this difficult time.