Medical malpractice lawyers are of great importance as they help you to file a case when a doctor makes a mistake that results in damages. A good lawyer should help you with the following steps:
This is the first thing a good lawyer should do. He should contact all doctors, hospitals and other health care providers who are directly or indirectly involved in the alleged misconduct. When the lawyer contacts the parties involved, he should ask for copies of the relevant medical records.
After getting the records they should do extensive research and understand the condition you were suffering from. He must also understand how to treat the condition.
Apart from seeking information online, a good lawyer should also seek the help of an expert. For example, if you were suffering from asthma at the time of the malpractice, the attorney should contact an asthma specialist and learn as much as possible about the condition. The lawyer should also ask the expert whether you were treated fairly.
Once the attorney has done his research and has come to the conclusion that misconduct occurred, he should file a lawsuit. He must then serve the defendants and their lawyers with copies of papers showing that a lawsuit has been filed.
At this stage the lawyer should find the people who will be witnesses in the court. The attorney will determine what type of people they are, whether the jury will like them, and if they are credible.
He should also ask witnesses to give their side of the story. After hearing all the witnesses, he should come to a conclusion whether it is wise to proceed to the next step.
negotiation and agreement
The good thing with most medical malpractice cases is that they settle. This means that the cases do not go to trial. The reason cases settle is because insurance companies cover them.
Sometimes negotiations towards a settlement fail and the parties involved are forced to go to trial.
In the trial phase, witnesses are called to testify in court. To increase your chances of winning the case, the attorney must prepare exhibits, visual aids, questions to witnesses, and opening statements. While a lawyer should make every effort to help you win the case, you must remember that the final decision rests with the judge.