Have you been the victim of medical malpractice?
If so, you offer our deepest sympathies. Most people trust doctors and medical staff to provide excellent, life-giving care. When they fail to do so, it leaves their patients in a compromised state, often with damaged health.
Here at Cummings Law, we believe you deserve to be protected from the results of Nashville medical malpractice. Your well-being is important to us, and if you’ve been mistreated by a member of the medical profession, we want to help you get justice.
But how can a medical malpractice attorney help you?
Keep reading to learn more!
Knowing Your Legal Rights
In the United States, everyone has the right to see a physician and receive care. Medical staff are held to the highest of standards, obligated to use their expertise to do good and avoid harm.
United States law obliges doctors to assume a duty of care over their patients. Once they voluntarily agree to serve a patient, they must provide care to the best of their knowledge. A doctor agrees to care for a person once they begin to treat them, either at their medical practice or while off-duty (such as if an emergency happens at a public place and they agree to help).
As such, if you have been cared for by a doctor or medical professional, you have the right to good care.
When you hire a Nashville medical malpractice lawyer, your attorney will help you understand your legal rights when it comes to your medical treatment.
Navigating Malpractice Claims
If you believe you’ve been the victim of a malpractice situation, you have the right to pursue legal action and sue the involved parties for the damages you’ve suffered.
As in all legal fields, though, the laws surrounding malpractice situations are complex, detailed, and open to interpretation. Because of this, it’s wise to hire a malpractice attorney. These legal professionals have studied medical law in detail and are familiar with what you need to do in order to make your claim the best it can be.
An attorney may also help you define who is legally at fault for your injuries. This is an essential step in the process because to file a lawsuit, you need to make an accusation that some person, group of people, or institution has wronged you. A lawyer will learn the details surrounding the case and point out any individuals who may have had some involvement.
Starting an Investigation
Using their legal knowledge, your attorney will first open an investigation into the situation surrounding your case. The purpose of the investigation is to determine whether or not your case constitutes a medical malpractice situation.
This investigation is actually in the best interest of the client, even if the attorney determines no malpractice took place. Why? Lawsuits can be lengthy and expensive, and you need to know that you have a good chance of winning before you enter one.
If you don’t, you might end up regretting you pursued one.
So, in order to assess your case, your attorney will speak to you about your medical condition and the treatment that prompted the alleged malpractice. They may also look at medical bills or records.
This process can take several months of work, but it’s an essential step for building a strong case. If the attorney decides you have a malpractice case, they will let you know. Similarly, if they don’t believe you have one, they will explain why so that you know the legal parameters surrounding their decision.
Hiring a Medical Expert
If your lawyer decides they believe you have a valid medical malpractice claim, they will hire a medical expert. This expert will practice in the same area as the people who conducted the malpractice, and it will be their job to go over your treatment and issue an opinion on the situation.
In some areas, a medical expert’s opinion is required to file a malpractice claim. No matter what, in all jurisdictions, a medical professional’s statement is needed for a case to succeed.
Filing Lawsuits
Unless your case settles before the lawsuit is filed, your attorney will file one on your behalf.
The lawsuit will name the people involved in the malpractice and state your legal arguments against them. After this, your case will be on track to go to trial if the parties do not come to a settlement.
The Discovery Phase
After the lawsuit has been filed, your attorney or legal team will begin exchanging information with the party’s team. This is known as the discovery phase. They will look at each other’s legal arguments and defences, trying to fortify their own.
This part of the process can last for some time. Yet, it ultimately gives you the best chance of winning your case.
Negotiating a Settlement
Many medical malpractice cases don’t reach trial. Instead, the parties often negotiate their way to a settlement.
When you have an experienced attorney, they’ll be able to help you work toward a fair settlement. Should you be unable to settle, they’ll represent you throughout the trial process.
This guarantees that you will be able to get the payment you need for the damages you suffered at the hands of medical professionals.
Ready to Hire a Nashville Medical Malpractice Attorney?
Hiring a Nashville medical malpractice attorney can help you file and win your case.
Because of this, it’s essential to hire a lawyer for your medical malpractice case. So, whether you’ve been abused by your primary care physician or suffered from a Vanderbilt medical malpractice case, hiring an attorney is right for you.
Do you need highly-qualified lawyers to represent you? If so, contact us today!
Posted in: Medical Malpractice