What Does a Medical Malpractice Lawyer Do? Duties, Skills, and More

In today’s intricate healthcare system, medical errors and negligence can devastate patients and their families. When an incident occurs, a medical malpractice attorney in Hampton Roads, Virginia, plays a key role in helping the victim seek justice and compensation. Read on to learn about the important work, responsibilities, and skills of medical malpractice lawyers and how they continue to improve medical negligence victims’ lives.

Understanding Medical Malpractice

Medical malpractice is synonymous with healthcare professionals’ failure to meet care standards—subsequently harming the patient. Some indications of medical malpractice may cover misdiagnosis, surgical errors, medication mistakes, birth injuries, and so much more. By proving medical malpractice through careful investigation, legal expertise, and familiarity with medical protocols, a medical malpractice attorney can find the guilty party at fault for the victim’s pain and suffering.

Case Evaluation and Consultation

One of the main duties of a medical malpractice attorney is to evaluate potential causes. This is done for two typical reasons—one: to determine why this incident resulted in the victim’s injuries, and two: to help the healthcare system implement strategies to prevent similar future occurrences. They carefully inspect medical records, consult medical professionals, and assess the circumstances to conclude a viable claim. During this process, malpractice lawyers consider important factors like acceptable standards of care, the interrelationship between negligence and harm, and the extent of damages/injuries to the patient.

Gathering Evidence

Medical malpractice cases demand substantial evidence to validate the claim. Lawyers collaborate with clients to collect relevant medical documents, diagnostic tests, X-rays, and other pertinent records. They may also gain assistance from medical experts who can provide second opinions on whether the doctor’s actions deviated from the standard of care. Likewise, the medical malpractice attorney may gather witness, patient, and healthcare staff testimonies to solidify the case further.

Expert Consultation and Testimony

To win a medical malpractice case, attorneys must gain expertise from medical professionals to establish the standard of care and pinpoint negligent actions. Attorneys work closely with medical experts like doctors, surgeons, and other specialists to analyze the case from a healthcare perspective. With their help, the medical malpractice attorney can gather opinions on the defendant’s breach of duty, cause of harm, and the long-term effects on the patient. Expert testimony is imperative in establishing negligence and strengthening the plaintiff’s case.

Negotiation and Settlement

In many medical malpractice cases, they are resolved through negotiation and settlement rather than going to trial. Attorneys representing the victim engage in discussions with the aggressor’s legal team and insurance companies to secure fair compensation. Both legal teams speak for their clients; the defendant’s legal team seeks the least amount of expenses due to the plaintiff as possible, and the plaintiff’s legal team seeks the most amount of compensation from the defendant to accommodate pain and suffering, lost wages, and other destruction caused by the medical error.

Litigation and Trial

If a settlement cannot be reached, medical malpractice attorneys are prepared to take the case to trial. They meticulously prepare legal arguments, gather witness testimonies, and present compelling evidence in court. During the trial, they skillfully cross-examine the defendant’s witnesses, deliver persuasive opening and closing statements, and fiercely advocate on behalf of their clients. The ultimate goal? Convincing the jury or judge of the defendant’s negligence and championing the best outcome for the plaintiff.

Medical Malpractice Attorneys in Hampton Roads, Virginia

Deciding whether to pursue a medical malpractice lawsuit takes work. There’s a plethora of factors that may need to be involved: the hospital, physician, or both, among others. On top of that, the added stress may further worsen your existing pain and suffering.

But you don’t have to fight this battle alone. An experienced Breit Law medical malpractice attorney in Hampton Roads, Virginia, is here to help.

We offer a free case review and will inform you of your rights upon initial consultation. Call 757-456-0333 to consult Virginia’s personal injury lawyer.