We Explain What is a Medical Malpractice Lawyer
The term malpractice refers to unreasonable inadequacy of skill or professional misconduct. A medical malpractice lawyer is engaged in litigation of lawsuits due to the negligent conduct of nurses, doctors, therapists, dentists, technicians, as well as, other healthcare providers and other medical professionals.
A medical malpractice case can pop up from birth traumas, failure in procuring patient’s informed consent prior to his/her treatment, unreasonable delay to treat a diagnosed condition, anesthesia errors, medical misdiagnosis, birth traumas, and surgical errors. In such scenarios, a medical malpractice lawyer can file a lawsuit against the concerned negligent parties such as doctor’s groups, insurers, physicians, clinics, medical corporations, hospitals, and managed care organizations.
Legal Theories of Medical Malpractice
Negligence is the primary theory of liability in a medical malpractice case. The medical malpractice lawyer for the plaintiff should establish the elements mentioned below for recovery of the negligent malpractice:
- Damage: It is necessary that the plaintiff has succumbed to actual injuries due to the physician’s digression from the standard procedure of care.
- Duty: The doctor’s duty to the patient must be shown by the plaintiff. Typically, the duty is based on the relationship of a doctor and the patient.
- Causation: It is imperative for the plaintiff to prove a causal relationship between the deviation (breach) of the care standards and the injury.
- Breach: It is required that the plaintiff highlights that the doctor violated the relevant standard of care.
Job or Duties of a Medical Malpractice Lawyer:
Medical malpractice lawyers are a kind of personal injury lawyers. They conduct several day-to-day activities of the usual civil litigators. Some of the job functions of the medical malpractice lawyers are as follows:
- They take depositions of medical personnel, medical experts, as well as 3rd parties apart from the defendant and the plaintiff.
- A medical malpractice lawyer works with medical experts for developing expert reports, testimony, and case theories to support the case of the plaintiff.
- Analyzes and collects medical records.
- Performs medical research concerning the condition of the plaintiff.
- Sets up IMEs or independent medical examinations for procuring an objective assessment of the injury sustained by the plaintiff.
- Works closely with the legal nurse consultants for reviewing medical records, accompanying the plaintiff to independent medical examinations.
Medical malpractice lawyers are very often specialized in specific kinds of medical malpractice lawsuits like surgery mistakes, birth injuries, dental malpractice, or nursing home abuse.
Training and Education
A medical malpractice attorney should finish the same educational qualifications as required by any other lawyer. They should complete 7 years of education after high school like a law degree and undergraduate degree. They should also complete bar exam passage required to practice in another state(s).
As an added qualification, they can procure a board certification from certifying agencies like the American Board of Professional Liability Attorneys. The attorney should excel in areas like education, ethics, excellence, and examination in the space of professional liability law to get such board certification.
Salary of Medical Malpractice Lawyer
Similar to a majority of personal injury advocates, many medical malpractice lawyers charge on the basis of a contingency fee. Under this arrangement, the advocate charges a percentage of the net recovery of the plaintiff, generally between 33 percent to 45 percent.
Job Demand for Medical Malpractice Lawyer
According to an estimate, about 195,000 people die every year in the United States because of potentially preventable medical errors in hospitals. It is true that all injured parties due to medical negligence pursue legal actions in the United States. However, there has been a significant rise in the malpractice claims figures. As such the medical malpractice advocate can enjoy a steady business in the country. Hence, job demand will remain strong in this area.