Moxie Law Group Has What It Takes In Court – Medical Malpractice Lawyers

Many people find it difficult to imagine themselves as victims of medical malpractice, especially in a first-world country. However, each year, an estimated 250,000 people will die each year due to a doctor’s negligence. Medical Malpractice Lawyers can help. Those numbers don’t even consider the people who sustained serious or life-altering injuries due to medical malpractice. Medical Malpractice Lawyers are often needed. Medical malpractice is, unfortunately, a very common occurrence in the American healthcare system. If you’ve been a victim of medical malpractice, you deserve the chance to begin the healing process as soon as possible. Medical Malpractice Lawyers can help today.

There are four elements to a medical malpractice claim: duty, breach of duty, damages, and causation. For a successful medical malpractice claim, you will need to prove each of the four elements. If you suspect you’ve been a victim of medical malpractice, you can start working on your medical malpractice case by getting a second opinion from another medical professional. Documenting your symptoms and physical ailments in great detail, compiling medical expenses and records, and consulting a medical malpractice lawyer can help you build your case.

In cases of medical malpractice, duty is much easier to prove than in other cases of negligence. Because of the patient-doctor relationship, a doctor’s duty of care is already established. However, a doctor’s duty of care is different from the duty of care in other circumstances. In medicine, doctors are held to the standard of other reasonable physicians. And, specialists are held to even higher standards than general practitioners.

A duty of care is breached when the doctor fails to uphold the standard of care. There are several ways a doctor can fall short from the established standards, and the consequences can range from inconvenient to fatal. Getting a second opinion from another doctor who can testify that they would have acted differently may help you prove a breach of duty. 

After proving duty of care, and breach of duty, you will need to prove causation. This means that you will need to prove that the doctor has been negligent and their medical negligence resulted in damage. Test results, other doctors’ testimonies, documentation of ailments, and other medical records may help you prove that your damages were caused by medical malpractice.

Finally, you will need to prove that there were damages. Having medical bills compiled and organized will help you prove damages. You may also want to gather pay stubs if you can demonstrate a loss of income. If you are the family member of a loved one who has passed away due to medical malpractice, you may be entitled to compensation for funeral expenses as well.

Hiring a Competent Medical Malpractice Attorney Is Never the Wrong Choice

Though it may sound straightforward, proving medical malpractice is often a taxing and lengthy endeavor. If you have been the victim of medical malpractice, you need an expert to represent you and advocate for you. At Moxie Law Group, our dedicated team of attorneys is committed to fighting for the maximum compensation for our clients. If you have questions about your medical malpractice claim, call Moxie Law Group today for a free consultation.

“Do I Need a Medical Malpractice Attorney?”

A lot of people struggle to determine when a medical negligence actually reaches the standards of medical malpractice. For example, your nurse may have been negligent when he gave you morphine even though he knew, or reasonably should have known, you were allergic to morphine. However, while the morphine does cause you to break out in hives, you don’t suffer any further injuries due to the negligent medical professional. Though the healthcare provider has likely breached his duty, you may not have a solid medical malpractice claim.

“What do Medical Malpractice Lawyers Do?”

Medical malpractice lawyers work on medical malpractice cases that involve medical errors, surgical errors, delayed diagnosis, emergency room errors, failure to diagnose a medical conditions, and more. When medical professional’s conduct rises to the level of medical malpractice, medical malpractice lawyers help those who have sustained personal injury at the hands of a medical care provider. Not every case of negligence needs a team of medical malpractice lawyers to file a medical malpractice lawsuit. If you’re wondering whether or not a medical malpractice attorney can help you, it may be a good idea to review the elements of medical malpractice so that you can have a good understanding of how medical malpractice claims work, and how medical malpractice attorneys prove their medical malpractice cases.

“How Do Medical Malpractice Attorneys Prove Medical Malpractice Cases?”

Normally, medical malpractice attorneys will need to prove that all of the elements of negligence are contained in medical professional’s conduct. First, a medical malpractice attorney will need to prove that the medical care provider had a duty of care. Then, the medical malpractice attorney will need to prove that the care provider breached their duty of care. After that, the medical malpractice attorney will need to prove that this breach of duty directly caused the patient to become economically, or non-economically damaged. When proving a medical malpractice case, a medical malpractice attorney will need to prove that each element of negligence.

Duty of Care

Duty of care is the first element a medical malpractice lawyer will have to prove. In some ways, it’s very evident: due to the established relationship between the care provider and the patient, a care provider generally does have a duty to take reasonable precautions to prevent the patient from sustaining injury while obtaining medical care. However, having a duty of care does not necessarily mean that your medical professional has to have a crystal ball with 100% accuracy to avoid a medical malpractice lawsuit. It just means that medical professionals need to make sure that they make good use of the information you give them. A medical care professional can’t be normally be responsible for not knowing about an allergy that you didn’t know about, especially if there’s nothing in your medical history that would indicate the existence of said allergy. However, if you begin to display obvious symptoms of an illness, your medical care provider may have a duty to diagnose the illness and treat it promptly. In good medical malpractice claims, the medical malpractice lawyer is able to prove that the defendant did indeed have a duty of care toward the plaintiff.

Breach of Duty

Breach of duty is a little easier to explain, but it’s not necessarily any easier to prove. When a medical malpractice lawyer proves breach of duty, they’re proving that the care professional has done something that directly contradicts their duty. So, we’ve already established that a doctor likely has a duty, or legal obligation, to properly diagnose a patient when ample information is available. A doctor may breach that duty when they fail to deliver a diagnosis, or fail to deliver a diagnosis in a timely manner. Let’s say you come into the doctor’s office with appendicitis. It’s obvious that you have it, you’ve got all the symptoms. But the doctor doesn’t order the proper tests that would have revealed your condition. In fact, the doctor tells you to go home and take some aspirin. Then, you’re rushed to the emergency room in the middle of the night because your appendix burst. In the aforementioned scenario, your doctor may have breached their duty of care.

Damages

In order to have a claim, a medical malpractice lawyer will need to prove that you have damages. Both your medical records, and your medical bills may be used to prove that you have damages. Damages refer to both the economic and non-economic injuries a person sustains. Let’s go back to the appendicitis example. Say you had to have your appendix removed because the doctor didn’t diagnose appendicitis in time. The cost of your surgery may be considered to be proof of your damages. Depending on your circumstances, you may also have a claim for non-economic damages such as emotional distress. Most of the proof of damages will come from your medical records pertaining to the incident. But, in order to have a good chance at winning a medical malpractice lawsuit, you need to be able to show that you have damages. A medical care professional may have indeed breached their duty. However, if there are no damages, it may be difficult to prove that the care provider’s conduct meets the standard of negligence.

Causation

Lastly, a medical malpractice lawyer will need to prove that the patient’s damages were directly caused by the medical professional’s negligence. When it comes to medical malpractice lawsuits, attorneys may hire expert witnesses within the medical field. Normally, these experts have the same credentials as the defendant. The attorney has the expert witness testify that they would have acted differently under the same or similar circumstances. Going back to the appendicitis example, we already know that doctors generally have a duty to diagnose a medical condition based on the patient’s symptoms. If a doctor’s conduct is measured up against the conduct of other medical professionals with the same credentials, and they say they’d have acted differently, that may help prove that the doctor’s negligence caused the patient to need their appendix removed.

The Legal Process

Going through the legal process is simple when you’ve got the best medical malpractice attorney on your side. At Moxie Law Group, our law firm gives potential clients a free consultation to help them determine whether or not it’s in their best interest to file a medical malpractice claim. If we decide that we can help the client, we’ll get started working on the case. At Moxie Law Group, our attorneys work on contingency, meaning that our law firm doesn’t ask for anything upfront. Instead, the case costs are covered by a pre-negotiated portion of your settlement. If you believe a medical care provider’s conduct has substantially deviated from the acceptable medical standard of care, and caused you personal injury, contact our law firm to get started on your free case review.

The Moxie Difference

Most law firms want to avoid medical malpractice lawsuits because going to court is expensive. Instead, many law firms attempt to settle with the insurance company as soon as they possibly can. However, at Moxie Law Group, we do things differently. We understand just how important it is the injured party to have a good medical malpractice attorney with a proven track record. Our legal team is dedicated to fighting for the rights of those who have been injured by malpractice. When the negligent act of a medical professional results in lost wages, pain and suffering, and overwhelming medical expenses, you need a good medical malpractice lawyer to stand up for your rights. A lot of people struggle to advocate for themselves to the insurance company, and even more struggle when their claim involves medical malpractice. A good medical malpractice lawyer isn’t afraid to go to court and fight for a just jury verdict. It can be a challenge to find medical malpractice lawyers that you can trust. But it’s important to remember that the good medical malpractice lawyers are willing to stand up for your rights, and the best medical malpractice lawyers will do whatever it takes to get you the compensation you deserve.

Looking to Collect Compensation? Look No Further

At Moxie Law Group, we start with a free case evaluation. During the initial consultation, we gather more information about the incident, and help the client decide whether or not to file a claim. At Moxie Law Group, you don’t have to drive all the way to our office for a face to face meeting. Instead, you can call us, text us, or send us an email. Our attorneys are committed to making your claim a hassle free claim. Medical malpractice claims are part of a specialized area of personal injury claims. If you’ve been injured due to malpractice, the process for recovering compensation may be long. Having an attorney you can trust is a crucial part of your case. At Moxie Law Group, our attorneys are invested in the cases of their clients. Our attorneys aren’t afraid to go to court or ask for punitive damages.

Here for You When Malpractice Strikes

Our online reviews don’t lie: we’re committed to providing you with an attorney who can help you get the best outcome possible. If you need an attorney who’s willing to fight for you, Moxie Law Group has the attorney for you. There are many forms of medical malpractice, from failure to detect heart disease, to mix ups with prescription drugs, to leaving gauze inside a patient’s body. Our firm is passionate about being a leader within the legal community. And wear dedicated to providing you with an attorney who can lead your fight for compensation. If you’ve been injured by a medical professional, and you need an attorney who you can trust to fight for you, contact Moxie Law Group today.

Providing You with the Attorney You Need

If you need an attorney, don’t wait to get the help you deserve. Though we can provide you with an attorney who has experience in malpractice claims, we also have other specialties. At Moxie Law Group, we handle premises liability, car accidents, motorcycle accidents, workplace accidents, product liability accidents, and more. If you need an attorney, don’t wait. Having an attorney can increase your chances of getting the compensation you need to recover. Don’t wait until it’s too late. Protect yourself and your best interests by contacting an attorney today.

Legal Representation Makes a Difference

When it comes to personal injury claims such as medical malpractice claims, having legal representation can make a huge difference in your case. An attorney who’s an expert in the laws surrounding medical malpractice can help you get the maximum compensation. If you’ve been injured by a negligent medical care provider, contact Moxie Law Group today to get started on your claim.