Medical malpractice attorneys are very important because they help you file a lawsuit when a doctor makes a mistake that leads to harm. A good attorney should help you with the following stages:
This is the first thing a good attorney should do. He must contact all physicians, hospitals, and other health care providers directly or indirectly involved in the alleged malpractice. When the attorney contacts the interested parties, he or she has to request copies of the relevant medical records.
After getting the records, he should do extensive research and understand the condition you were experiencing. He should also understand how to treat the condition.
In addition to searching for information online, a good attorney should also seek help from an expert. For example, if you had asthma at the time of malpractice, the attorney should contact an asthma expert and find out as much as possible about the condition. The attorney should also ask the expert if you were treated the right way.
Once the attorney does his research and comes to a conclusion that there was misconduct, he must file a lawsuit. He must then inform the defendants and their lawyers with copies of the papers proving the filing of the lawsuit.
At this point, the attorney must find the people who will be witnesses in court. The attorney will determine what kind of people they are, whether the jury will like them, and whether they are believable.
He must also ask witnesses to tell their share of the story. After hearing all the witnesses, he should come to a conclusion as to whether it is wise to move on to the next step.
Negotiations and settlement
The good thing about most medical malpractice cases is that they are settled. This means that cases are not referred to trial. The reason for settling cases is because insurance companies cover them.
Sometimes negotiations for a settlement fail and the parties involved are forced to court.
At the trial stage, witnesses are required to testify in court. To increase the chances of winning the case, the attorney must prepare documents, visual aids, questions for witnesses, and opening statements. Although the attorney should do their best to help you win the case, you should remember that the final decision rests with the judge.