If you’re filing a medical malpractice claim, you’re likely facing a rather intimidating situation.
Doctors, of course, are regarded quite highly for their knowledge of the body and their ability to treat illnesses. Oftentimes, patients may know in their heart that something was done incorrectly, but being intimidated into thinking that they’re simply mistaken about it—as they’re not doctors themselves—is a common occurrence. Lawyers that specialize in this field have extensive knowledge of their own and have access to resources that help put their clients on an even playing field with the doctors involved.
Malpractice law firms rely on their experience in dealing with these claims to build effective cases for their clients. This can be a difficult process. There are several different forms of malpractice, but they all have some common features. First and foremost, they all revolve around some instance of the doctor failing to uphold their duty to their patient. This duty is taken on by the doctor whenever they agree to treat a particular patient. When they fail to offer effective, competent treatment, then there is a problem that may allow you to file a claim against them for malpractice.
It’s important to understand what does not constitute medical malpractice. For example, there are some conditions that will not improve, no matter what treatment is attempted toward that end. If this is the case, it’s not necessarily the physician’s fault that the condition couldn’t be remedied. Failure to diagnose is a type of malpractice, but it may not be if the patient never disclosed health information about themselves to the doctor that would have made it apparent that there was something wrong. If you’ve had trouble breathing and the doctor didn’t realize you had asthma, it’s not the doctor’s fault if you never told them about the problem in the first place.
Medical malpractice lawyers can determine whether or not you have a claim. This doesn’t guarantee that you’ll win the claim, but finding out whether the doctor violated their duty or not is the first step in determining if you have a case at all. If you do, the attorney may elect to take your case on contingency. This simply means that their getting paid is entirely dependent upon them winning your claim in court or as a settlement; if you don’t win, you don’t pay.