The Importance of Hiring a Medical Malpractice Attorney

Medical Malpractice The Importance of Hiring a Medical Malpractice Attorney

When you need to file a claim for compensation, it is always recommended that you hire an attorney to represent you. In addition to taking the legal work off your plate while you are recovering, it is crucial that you have someone who knows how the process works and will not be tripped up by insurance companies trying to lowball any settlement.

This is especially true when the claim involves medical malpractice. We explain why it is important to hire an experienced medical malpractice attorney to take your case.

Understanding Medical Negligence

If a licensed driver gets rear-ended in an automobile accident, they tend to have some idea of whether the other driver violated the rules of the road. In addition, there are often law enforcement officers on the scene who can document how the accident happened and whether some traffic ordinance was violated.

That basic knowledge of right and wrong is completely absent in a medical negligence case. Most individuals are not trained in medical matters, and they do not have an understanding of medical malpractice law.

A lawyer may talk to someone who was upset with the outcome of their family member’s health care, and screen out their case as not involving medical negligence. While this may be frustrating to the person looking for compensation, it is important to get a legal opinion before moving to file suit. A lawyer must look at the medical records and listen to the claimant’s story, and potentially explain that they do not have a case of medical negligence.

What Can an Attorney Do For Malpractice Plaintiffs?

Attorneys interview the plaintiff and their family, and usually obtain the medical records from the health care facility at the center of the incident. Hospitals tend to have detailed medical records of the patient’s visit, as well as radiological studies and, potentially, autopsy reports if it led to a wrongful death. Attorneys evaluate the case based on our experience, conduct medical research for areas we do not know as well, and decide whether to utilize an expert witness to assist us.

In almost every case that we take on, we use expert witnesses to establish the deviation from standard of care and the causation of damages. If we find out through our expert witnesses that it was not a case of medical negligence, we advise the clients and there will be no further action to pursue. If the expert witnesses believe there is a finding of negligence that caused injury, in Louisiana we can then move on to filing a claim for a medical review panel proceeding in most cases. If the at-fault health care provider is not a qualified health care provider, a lawsuit can be filed without a medical review panel.

The personal injury team at Kopfler and Hermann is available to discuss your potential case. Medical negligence can be difficult to identify, which is why it is important to hire a medical malpractice attorney.