In a medical malpractice case, you are seeking financial compensation from the doctor who injured you with their carelessness. You are not necessarily seeking to have the doctor punished or put in jail. Whether they can keep their license is a matter between them and their medical board. The fact that you are seeking damages in a medical malpractice case means it is a civil and not a criminal action. You need your own medical malpractice lawyer in McLean to represent you in the legal process and look after your interests.
Medical Malpractice Cases Follow the Rules of Civil Lawsuits
Even though medical malpractice cases are inherently complex by nature, they follow the same process and procedure as any other type of personal injury action. The success of your case depends on whether you can prove that the medical professional was negligent. In a civil case, you do not have a burden of proof as high as the prosecutor must meet in a criminal case. In the latter, the prosecutor must prove a criminal defendant’s guilt beyond a reasonable doubt, which is the highest legal burden of proof in the U.S. legal system. On the other hand, in a civil case, you must prove your case by a preponderance of the evidence, which is the lowest burden of proof.
You Must Meet the Burden of Proof in a Civil Case
Make no mistake – even though the burden of proof is lower in a civil action, you still need to prove that the facts that you allege are more likely than not to be true. Specifically, you aim to prove that the medical professional did something that a reasonable doctor would not have done under the circumstances. There are often challenges in reconstructing what exactly the medical professional did when treating you. You may know the adverse treatment result but need to work backward in piecing together what went wrong.
Your medical malpractice attorney can retain an expert witness to review all the relevant medical records. The expert will determine what the doctor did and compare it to what a reasonable doctor should have done under the circumstances. The witness can testify why your doctor’s conduct was careless.
You must prove all four elements of the negligence test to win your case. Once you establish that the doctor failed to live up to their standard of care, you must show that their actions were the cause of your injury. You then must contend with defenses by the doctor. They might claim your poor health condition was inevitable, regardless of their conduct. Your attorney would then have to show that your condition would not have worsened without the doctor’s carelessness.
The End Result of a Civil Case May Be Financial Compensation
The end goal of your case is to obtain money to cover the harm you have endured. The responsible party should pay for the economic losses you suffered and the non-economic effects of your physical condition on your life. In a criminal case, the end result may be that the doctor receives a penalty such as jail or a fine, but that is not part of your civil case.
It is possible that a doctor can be punished in your civil case, but that sanction comes in the form of punitive damages that a jury orders. If you can receive punitive damages, it might greatly increase your amount of financial recovery. The prospect of punitive damages makes a defendant far more likely to settle the case because they are afraid of what a jury may do to them.
In a civil case, your medical malpractice attorney’s job is representing you and your interests. Their job is to establish and stand up for your right to maximum compensation for your losses. Since you are their client, they owe you certain obligations based on fiduciary duties and their professional responsibilities. In a criminal case, the prosecutor represents the people. Their job is to ensure the defendant faces criminal penalties because they have violated the law. The prosecutor’s job is not to look after your interests and obtain financial compensation on your behalf since you are not their client.
In some extreme cases, the doctor can be charged with criminal negligence for their actions. However, that is not a matter you pursue as part of your medical malpractice case. A prosecutor will investigate that matter and decide whether to press charges. A doctor is rarely charged criminally unless they were grossly negligent or caused intentional harm. Nonetheless, that process happens independently of your civil case.
Why You Need a Medical Malpractice Lawyer to Represent You
With all of this in mind, you must find a medical malpractice attorney to fight for you on the civil side. When you hire a medical malpractice lawyer for your case, they first investigate what happened to you. They usually retain one or more expert witnesses to lay the groundwork for your claim or lawsuit. These cases typically require expert opinions due to their medically technical nature.
Once your medical malpractice attorney has filed the lawsuit, they continue to build your case through the discovery process. They may even question the medical professional under oath to hear about what happened in their own words.
Your medical malpractice attorney can negotiate a settlement on your behalf if it is in your best interests. If you decide to continue fighting or you cannot negotiate a settlement, your medical malpractice lawyer can try your case in front of a jury. Thus, you must be ready to litigate your case, and you should hire a medical malpractice attorney with a significant amount of trial experience.
Seek Your Free Consultation Now
Most states have shorter timelines for medical malpractice cases than other personal injury claims, as you must provide notice backed by an expert opinion to the medical professional before pursuing your claim. This is only the beginning of an often challenging process. The sooner you schedule your free consultation with a personal injury attorney, the better.