The charge of malpractice is a serious matter. When faced with such a charge, it pays to secure legal counsel who can protect the interests of the client. Here are some of the factors that will be a part of Effective Medical Malpractice Representation.
Gathering All the Facts
Once the attorney accepts the case, collecting all evidence and facts related to the events surrounding the claim are a must. The goal is to reconstruct exactly what happened, down to the last detail. This level of scrutiny can form the basis for a defense, especially if there are mitigating circumstances that made the diagnosis or the course of treatment harder to determine.
As part of this fact-gathering mission, the attorney will want to speak with everyone associated with the event or events involved. This can include everyone from family members to medical professionals who witnessed events directly connected to the situation. Depending on the nature of the suit, delving into the background of the opposing party is not out of the question.
Planning the Defense
Once the attorney has a firm grasp on the facts surrounding the claim, the next step in Effective Medical Malpractice Representation is to prepare the case. Along with working with the client to determine the direction of the defense, the task will involve securing witnesses, willing and otherwise, to offer testimony about the case. In some cases, this will include calling expert witnesses who can provide testimony regarding the appropriateness of the diagnosis and the course of treatment based on the information provided to the medical practitioner.
Seeking to Settle
Depending on the nature of the case, there may be the option to arrange a settlement. Settlements are not admissions of guilt. Instead, they are often extended as a way to avoid the time and expense involved in taking the case to court. The amount of the settlement offer will typically call for careful consideration of the situation of the plaintiff, both today and in the future. That is weighed against the odds for being able to win the case, and how many months or years the case could remain unresolved.
Rather than spending a lot of time and energy worrying about a claim of malpractice, see an attorney to get some advice. Doing so will be the first step in resolving the issue and being able to move on.
