A medical procedure can be a difficult time for a patient, with concerns about their health and anxiety over the procedure itself. If the procedure results in injuries, or even the death of a patient, the tragedy can require the assistance of a personal injury lawyer.
Injuries or deaths caused by medical procedures is one of the leading causes of unintentional injury in the U.S., according to the U.S. Centers for Disease Control and Prevention. The consequences of problems caused during a medical procedure can leave patients unable to work and, in some cases, unable to care for themselves. The long-term impact can have a devastating impact on the patient’s income, in addition to the large medical bills, they may face from the procedure and to correct any problems caused during the procedure. Thousands of patients die each year in the U.S. from injuries suffered during a medical procedure. This means that in many cases, a family’s source of financial support is lost.
How can a lawyer help?
A personal injury lawyer can serve as an advocate for the patient and their family, ensuring that they receive the compensation they deserve after a medical procedure goes wrong. Surgery is risky, and medical professionals often explain this risk to patients before any procedure is performed. But many unintentional injuries caused during a medical procedure are a result of medical error, either by a doctor or some other medical professional. When negligence occurs, an experienced personal injury lawyer can navigate the complicated and challenging medical landscape for lay people who do not have such expertise.
In such cases, this personal injury lawyer can investigate the incident, determine who is at fault and why, and negotiate on behalf of patients with insurance companies and medical providers. These incidents often lead to a personal injury lawyer filing a medical malpractice lawsuit to help recover damages that can pay medical bills, recovery expenses, lost wages, and pain and suffering experienced by the patient. In 2021, more than 40% of the family physicians in the U.S. faced a medical malpractice lawsuit. If necessary, the lawyer can also represent the patient or the family in court to obtain the best possible verdict that provides the most compensation.
How are medical malpractice claims unique?
The filing of a medical malpractice claim typically requires that you show how the doctor failed in their obligation to follow the standard of care. A standard of care is defined as the actions that a competent medical professional would take in the same procedure. This can be a complicated standard to meet because it requires expert testimony and a thorough understanding of medical procedures, expected outcomes, underlying risk factors affecting the patient, and numerous other factors.
An experienced personal injury lawyer who has had success in medical malpractice claims in the past understands what it takes to develop a strong case that supports a claim. They typically consult with a network of medical professionals who can also serve as witnesses to help advance a medical malpractice claim. They also have the resources necessary to conduct a thorough investigation into the incident. They know how to interpret medical records and how to interview medical professionals to learn whether the accepted standard of care was followed during the medical procedure.
Hospitals, health clinics, and medical professionals often rely on a team of lawyers with expertise in defending against such claims. That is why you should rely on a personal injury lawyer with their own team of professionals to represent you.