A medical malpractice case is a substantial process from the plaintiff’s perspective. More often than not you’ll be at a disadvantage to start, given that jurors tend to favor the cases of doctors and nurses. And by favor, we mean that they really, truly love doctors and nurses. The goal is to detail with pinpoint accuracy how these medical professionals caused harm due to their negligence. You have to remember that winning a malpractice case can absolutely improve medical care in the future, and it will benefit your client in the short and long term.
The first thing you need to accomplish is expert approval. As someone hiring a legal team, you should be concerned if your lawyer doesn’t consult an expert opinion on the validity of your case. Conversely, as a lawyer you want to make sure the cases you’re taking on have legitimate and provable malpractice and are worth fighting. Unfortunately, there are some malpractice lawyers who file cases where there really isn’t any wrongdoing in the first place. It places a rough stigma on the field. A medical malpractice lawyer should consult with multiple experts and colleagues to clarify that the standard of care was not met. During the case, the experts you select are also closely tied to the success of your case. If you prove that the standard of care was breached, you must also show that the plaintiff suffered damages because of that breach. This is essentially known as causation, and it’s where the defense will heavily focus their attention. Especially if they know mistakes occurred, the defense can still sway the jurors during this phase. It’s why these selections are so important, because a reliable, impactful expert testimony can alter your outcome.
The Language You Use
When making an argument, the language you use can make a subtle difference. As we all do, the jury has an inherent trust in medical professionals. You should always be aware of how the jury is responding to the opposing arguments and statements being made. You want to try and put the jury in the shoes of the plaintiff. Now, you can’t outright say “Put yourself in (the plaintiff’s) shoes,” or “How would you feel if your family member experienced this.” That’s frowned upon. However, you can strategically word your phrasing and arguments to evoke such a thought. It’s also smart to understand if you should focus your attack on the doctor or more so on the hospital.
Know The Value
Every case has its own value. Some cases are more egregious than others, and you’ll know when that occurs. If the defense rushes to settle, it’s a sign that your case has significant value. That being said, your lawyer will advise you and ultimately it will be your decision to settle or not. don’t immediately take the offer.
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The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, Google +, and LinkedIn.