Undergoing medical care or a medical procedure requires taking a leap of faith that your provider cares as much about your life and well-being as you do and will carefully adhere to their legal duty of care. Unfortunately, medical errors and negligence are far more common than most people understand.
Although a legal process cannot erase the harm caused by medical malpractice, it compensates the victim for their losses and helps them achieve a sense of justice. A medical malpractice claim is a complex legal endeavor. It’s crucial to understand the role of a St. Louis medical malpractice attorney in the successful navigation of this challenging category of personal injury claims.
What Is Medical Malpractice?
Medical malpractice is a type of professional negligence that occurs when a doctor makes an error during a patient’s treatment. Common types of medical malpractice include misdiagnosis, missed diagnosis, delayed diagnosis, surgical errors, and lack of informed consent. Proving medical malpractice requires the documentation of evidence that shows that the case meets the legal definition of medical malpractice. This means showing compelling evidence of the following:
- That a doctor/patient relationship had been established when the malpractice occurred
- The doctor owed a duty of care to treat the patient at the level of care accepted as standard by the medical community
- They breached their duty of care
- The breach of duty caused harm to the patient
- The patient suffered damages from the injury
Navigating a personal injury claim requires an in-depth investigation, meticulous attention to filing details, and access to medical expert witnesses and other resources to provide supporting evidence.
How Does a Medical Malpractice Lawyer Help Me With My Case?
A successful medical malpractice case requires a combination of legal and medical knowledge and a well-executed strategy to obtain the maximum compensation available to you. A medical malpractice lawyer does the following:
- Investigates all aspects of medical malpractice in your case
- Documents compelling evidence through documents such as medical records, medical bills
- Consults with medical experts for an understanding of the full physical and financial impacts of the malpractice and the amount of pain involved, whether or not rehabilitation is required, and the impact of the adverse medical outcome on earning ability
- Calculates your economic damages, such as medical expenses, lost earnings, compensation for pain and suffering, and catastrophic injury damages, to maximize the amount you recover in your claim against the provider’s medical malpractice insurance
- Negotiates with the insurance adjuster assigned to the case from an evidence-backed position of strength
- Obtains an ample settlement for your injury-related losses, or
- Represents you in court during litigation if the medical professional denies liability or the insurance company fails to offer a substantial settlement
A successful claim requires diligent attention to filing details and deadlines and an in-depth understanding of the state’s injury laws, insurance system, and civil court.
Do I Have to Go to Court for a Medical Malpractice Claim?
Most medical malpractice claims end with a settlement, but if your case requires court, your medical malpractice attorney will file a petition for court within the state’s two-year statute of limitations and ensure that you are well prepared for the process. Then, they will present a well-executed legal strategy seeking a verdict in your favor and a jury award for your damages. Juries are typically more sympathetic to injury victims than powerful medical malpractice insurance companies.