Shockingly, 1 in 10 preventable patient injuries happen during surgery worldwide. If you’re a victim, this statistic might make you wonder if you have a case for medical malpractice. Surgical errors might leave you with physical pain, emotional distress, and mounting medical bills.
You don’t have to face this alone if you suspect a surgical error. A surgical errors attorney can protect your rights and help you navigate the legal process, among other matters. Below, we’ll explore eight key ways a surgical errors lawyer can fight justice and compensation.
1. Evaluate Your Case: The Starting Point for Justice
After surgery with unexpected complications, you might be unsure if you have a case for medical malpractice. Injuries from the incident may vary depending on the surgery specifics. Either way, your attorney will look for any inconsistencies or red flags in the medical procedure.
These abnormalities might suggest a deviation from standard practices. Your attorney will also work with you to understand the nature and severity of your injuries. This way, you can determine the potential damages the law entitles you to claim.
2. Identify the Standard of Care for Your Case
Medical professionals must provide care aligned with their specialty and the specific procedure. That’s where the “standard of care” principle comes in. Identifying the standard of care in your case can help you build a successful claim.
Attorneys have access to large medical databases and resources. These resources outline the standard of care for various surgeries. Your attorney might consult medical experts.
These experts know the surgical procedures involved. They can provide opinions on whether the standard of care was met. Expert opinions also help add credibility to your attorney’s arguments.
3. Gather Evidence
Medical malpractice cases often rely heavily on evidence to prove a surgical error. An attorney will gather the evidence needed to offer post-surgery legal advice and support your claim. Here’s a look at their approach:
- Ensure you have complete and unedited copies of all your medical records
- The records must include preoperative consultations, surgical reports, and post-operative care notes
- Secure X-rays, CT scans, or other diagnostic tests that might play a role in your case
- Get the testimonies of medical personnel who witnessed the surgery or your post-surgery care
- Have medical experts provide critical testimony
- Prove that the standard of care was deviated from in your case
By gathering evidence, a surgical error attorney builds a strong case that documents your experience. The case may then support your medical error lawsuit. This evidence becomes vital when negotiating a settlement or presenting your case in court.
4. Deal With the Insurance Maze
Dealing with insurance companies after a surgical error can be a frustrating experience. Insurers often have complex procedures and may try to downplay the severity of your case. Attorneys are familiar with insurance jargon and can translate complicated policies and denials into clear terms.
Insurance companies may offer a lowball settlement. Your attorney can fight for the maximum compensation you deserve. They’ll consider your medical bills, lost wages, and pain and suffering.
Attorneys can help gather evidence needed to strengthen your settlement claim. The evidence includes medical records and expert opinions. It may also include your account of your experiences after the surgery.
5. Negotiate a Settlement on Your Behalf
Settlement negotiations can be complex and involve a lot of back-and-forth. A surgical errors attorney can assess your case’s true value based on your injury’s severity. They’ll also look at future medical care costs and other factors.
Your attorney will fight for every penny you deserve. As such, they ensure the settlement reflects the full impact of the surgical error on your life. Attorneys can also explain the pros and cons of a settlement offer and help you decide if it’s the best option for you.
6. Prepare for Trial When Negotiation Fails
Sometimes, a fair settlement may not be possible after a negotiation. A surgical negligence lawyer can be your rock if your case goes to trial. They will prepare a compelling case demonstrating the medical error and its consequences.
Experienced attorneys are familiar with courtroom procedures. They acknowledge that surgical error cases can involve complex legal issues. A medical malpractice attorney can help you win your case and secure the compensation you deserve by dealing with insurance companies, negotiating settlements, and preparing for trial.
7. Handle Courtroom Proceedings
You can count on your attorney to gather and present evidence to support your surgical error claim. The evidence may include medical records, expert witness testimony, and other documentation. Attorneys also question experts and regular witnesses to uncover the facts supporting your case.
Your attorney will present clear and persuasive arguments to the judge or jury. As they do this, they’ll explain why you deserve compensation for your harm. They will also protect your rights if the other side tries to present unlawful evidence.
In some cases, settlement negotiations may occur even during the trial. Your attorney will ensure you get a fair offer without sacrificing your rights. They allow you to focus on your health and recovery, knowing your legal case is in good hands.
8. Protect Your Rights
Your attorney will explain your legal options in clear, easy-to-understand language. This way, they empower you to make informed decisions about your case. Any communication between you and your attorney is always confidential.
There are strict deadlines for filing lawsuits that need surgery mistake legal help. They will submit all legal documents on time to avoid jeopardizing your case. Your attorney will be in negotiations with third parties to respect your rights.
Free Consultation With Nashville Surgical Errors Attorney Brian Cummings
Surgical errors can have a life-altering impact. Luckily, a surgical errors attorney can be a powerful ally in your fight for justice and compensation. They can help you navigate the legal system after a surgery causes you harm.
Have you or a loved one been injured due to a surgical error? Cummings Law, led by respected medical malpractice attorney Brian Cummings, is here to help you fight for compensation after a surgical error. Schedule a free consultation and let us handle all legal matters so you can focus on healing.
Posted in: Surgical Malpractice