Why You Need a Medical Malpractice Attorney in Houston

Why You Need a Medical Malpractice Attorney in Houston

Feb 1, 2018 | Malpractice Lawyer

Can you imagine having surgery and then discovering, years later, that the doctor left a scalpel inside your body? That’s exactly what happened to an Army veteran in Connecticut, and he’s now bringing a lawsuit against the hospital where his surgery was performed.

Of course, not all medical error cases are this shocking — but if you’re considering suing a doctor or other medical professional, you need a medical malpractice attorney to maximize your compensation and sense of justice.

Read on to learn why.

1. Investigating the Details

A medical malpractice attorney will look over your case, gather all the information possible, and determine whether your doctor has been negligent.

2. Proving Negligence

In order to be successful, a malpractice case requires that the plaintiff prove several things:

  • First, was s/he owed a duty of care by the defendant?
  • Was that duty breached?
  • Lastly, is there a direct, causal correlation between the doctor’s negligence and harm to the patient?

It can be difficult to establish each of these points, and nearly impossible for a plaintiff to do on his or her own without qualified legal representation.

3. Deciding on Defendants

In many medical malpractice cases, there is more than one person or entity who can be named as a defendant. It depends on the type of malpractice, the parties that were involved, and their relationship to any larger medical organization, such as a hospital or clinic.

Your attorney, after reviewing the facts, will help determine who is to be named as defendants in your medical malpractice case.

4. Protecting Your Rights

Make no mistake — everyone in the medical profession, from large hospitals to individual doctors and other practitioners, will have at their disposal the talents of medical malpractice attorneys.

What’s more, they won’t scruple about using any loophole or legal tactic necessary to fight against your claim.

That’s why you, too, need a dedicated and experienced medical malpractice lawyer on your side. That can help level the playing field so that you have a fair shot at winning the case.

5. Negotiating with the Opposition

Some medical malpractice suits go to trial, but the majority are settled out of court. The defendant(s) will almost always lowball when it comes to their initial offer of compensatory damages.

What are your physical pain and emotional suffering worth? That’s a hard question, but your attorney will help you decide. If the offer doesn’t come close, then it’s back to the bargaining table.

You may eventually decide to accept a certain settlement amount, or you may choose to take the case to trial.

6. Arguing in the Court

In the latter case, your medical malpractice attorney is your representative in court. He will present the facts, examine and cross-examine witness and experts, and rebut the opposition’s arguments.

Although the United States’s justice system allows for individuals to represent themselves in a trial, it’s rarely a good idea.

Ready to Talk to a Medical Malpractice Attorney?

If you think you might have a valid medical malpractice case, and that you are entitled to compensation, contact Barnes Law Firm. We’re here to help! The initial consultation is free and comes with no obligation, so you have nothing to lose.