What does a medical malpractice attorney do?

National studies have shown that preventable medical errors are a major cause of injury and death in the United States. If the injury or death could have been prevented and was the result of negligence on the part of the doctor, nurse or hospital, a lawyer skilled in handling medical malpractice cases can help the injured individual or family obtain compensation for their loss. Medical malpractice law is extremely complex and any case requires the involvement of medical malpractice attorneys in Iowa City IA. These attorneys are knowledgeable about malpractice law and can offer their professional services to either the affected patient.

When an individual approaches a medical malpractice attorney with a potential case, the attorney will begin with an investigation of the case. This will include carefully interviewing the individual and witnesses, obtaining all of the medical records that are relevant, and analyzing the facts and the law to determine if the case whether the case is likely to succeed. In most cases, before a final determination can be made, the facts and medical records will have to be reviewed by an expert who is a medical provider practicing in the same area of medicine as the healthcare provide in question. This expert will provide opinions on whether the doctor, nurse or hospital violated a proper standard of care and if so, whether that violation was a cause of the injury or death. If the attorney does not believe that the patient has a case and is unlikely to be awarded damages the attorney will refuse the case. However, if the medical malpractice attorneys in Iowa City IA conclude that the case has merit and that the client has a good chance of winning, they will accept the case and begin to prepare the documents required for filing it in court. The paperwork will include a Petition and Original Notice to start the lawsuit and serve on the defendant.

After filing the lawsuit and serving it on the defendant, the Plaintiff’s lawyer will serve written discovery and take depositions of the healthcare provider and witnesses. The lawyer will develop a theory of the case based upon the facts and the law. Usually the theory of the case follows a simple theme based upon what happened. The defendant’s attorney will also serve discovery, take depositions and develop a theory of the case.

Expert witnesses are essential for both sides of the case. A plaintiff must prove that the health care provider violated the standard of care and that this standard of care violation caused the injury or harm. The law requires that the standard of care and the cause of injury be proved through the opinions of experts. Defendants will offer contrary expert opinions in support of the defense.

In many cases a medical malpractice law suit never gets to trial, instead the case is settled out of court. The medical malpractice attorneys in Iowa City IA that have pursued the case on behalf of their client will negotiate acceptable terms of settlement with the defendant. In cases where it does go to trial the attorneys will represent the client. The attorney is instrumental in jury selection, offering the opening statement, introducing testimony and evidence during the course of the trail and presenting a closing statement. The attorney can also represent the client if there is an appeal.

It is usual in medical malpractice case that the attorneys work on a contingent fee basis. This means that the fee is based upon a pre-negotiated percentage of the award.

Keep in mind that there are deadlines for taking any legal action arising out of you motorcycle accident. You should therefore contact a medical malpractice lawyer in Iowa City IA right away to avoid losing your rights


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