What is a Medical Malpractice Attorney?

A medical malpractice attorney is one who specializes in claims due to negligence on the part of a medical professional. This can include drug side effects that cause damage to a patient, birth defects caused by negligent prenatal care, accidental injury or death due to malpractice, misdiagnoses and additional medical issues causing debilitating effects to the patient. The term medical malpractice attorney is a particular area of expertise under the health law specialty. To even further break down this area of specialty a medical malpractice attorney may concentrate on particular types of cases.

A medical malpractice attorney may specialize in particular types of injuries or illnesses. Because the medical industry and lawsuits against it can be extremely complex, it is important to hire a medical malpractice attorney who has experience in the field. If is even more beneficial if that medical malpractice attorney has experience in the particular issue at hand. Cancer, medicinal treatments, birth defects, cerebral palsy, incorrect diagnoses, surgical errors, lab mistakes, prescription errors and anesthesia errors are just a few of the concentrated specialties a medical malpractice attorney may have.

A medical malpractice attorney will file claims against anyone in the medical profession including, physicians, nurses, surgeons, pharmacists, nursing homes and insurance companies. The job of the medical malpractice attorney is to evaluate your claim and determine if it is viable. They will then gather evidence, necessary documentation and call expert witnesses in order to prove your claim. Because the medical industry is vast and has a wealth of resources including teams of lawyers and deep pockets, often a suit against them is difficult to win. However, with a good medical malpractice attorney, the odds of winning increase substantially.

It is also beneficial for a medical malpractice attorney to be well versed in and have a high success record of settling claims prior to trial. This reduces the costs and will leave more of the final award to the injured party. Typically a medical malpractice attorney will take a case on contingency which means that a portion of the settlement plus the fees associated with the case will be given to the attorney and the remainder of the settlement award will go to the injured party or their beneficiaries. There will be no direct, out of pocket expense but the sum of the award will be greatly reduced if it goes to trial. Therefore, a solid medical malpractice attorney with a good track record will be the most beneficial asset you have when it comes to bringing a lawsuit against the medical profession.