What Does A Medical Malpractice Attorney Do?

by | Mar 19, 2015 | Law

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A medical malpractice lawsuit is the natural result of a patient or the patient’s family accusing a doctor, nurse, other medical practitioner or a medical facility of failure to provide competent medical care and treatment which resulted in personal injury or even death of the patient. The laws that apply to medical malpractice are extremely complex and thoughts of engaging in a lawsuit without the assistance of a seasoned medical malpractice lawyer in Miami must be dashed. These lawyers are extremely knowledgeable when it comes to the laws that govern malpractice cases, these legal professionals can and do offer their services to both the accused and the plaintiff which are the health care provider and the patient. Needless to say the same attorney does not represent both parties in a given case; that is a serious breach of ethics and is a conflict of interest.

Long before a medical malpractice lawyer in Miami agrees to take a case he will meet with the potential client and evaluate the case, trying to determine in advance if the case will prosper in court or fail. As the lawyer will be working on contingency in most cases he will be very strict on what cases are accepted and what cases are unlikely to result in an award. If the lawyer feels the case is meritorious he or she will certainly accept the case, when this happens the lawyer will begin to prepare the documentation that is necessary to file the case in court. The lawyer will detail the complaint and call for summonses to be served on the defendant or defendants; this is the beginning of what is usually a long legal process.

Prior to the commencement of the trial the lawyer representing the plaintiff will have pieced together a theory about the case, this is something that is not only done by the plaintiffs’ lawyer; the defendant’s lawyer will also be developing his or her own theory. To develop a meaningful prosecution the lawyer will have to diligently investigate all aspects of the case, checking all the circumstances that surround it as well as gather any and all supporting evidence. Often a medical malpractice lawyer in Miami will hire a private investigator who will take on the responsibility of tracking down all the pertinent information that will support the case. It may also be necessary to engage the services of expert witnesses who can render their professional opinion during the trial.

Not all medical malpractice lawsuits end up in court, instead the attorneys for both the plaintiff and defendant hammer out an out of court settlement that is agreeable to all. A medical malpractice lawyer in Miami is well aware of the time and money that will be spent should the case end up in court; this is equally true of the lawyer for the defense. In the event an out of court settlement cannot be made, the case will head to court where the lawyer is instrumental in selecting the jury, preparing and giving the opening statement, providing evidence and introducing testimony as the case wears on and presenting the closing statement.