Medical malpractice cases are among the most complex claims in personal injury law. Before you file a lawsuit, or even decide whether you have a case, there are a few things worth understanding about how these claims work and how to choose the right attorney to handle yours.
Talk to an Attorney First
If you believe you or a loved one was harmed by a healthcare provider’s negligence, the first step should always be a conversation with an attorney before any paperwork is filed. Medical malpractice law is technical, and the requirements for even getting a case in front of a judge are stricter than in many other types of injury claims.
Most States Require an Expert Certification
One of the biggest differences between a medical malpractice case and a typical personal injury claim is the certification requirement. In most states, you can’t simply file a lawsuit and let the discovery process sort out whether malpractice occurred. Instead, the law requires that a qualified expert doctor review the medical records before the case is filed.
That expert must be willing to certify that:
- They reviewed the relevant medical records, and
- In their professional opinion, the doctor or entity being sued committed negligence that caused the patient harm.
This requirement exists to filter out claims that don’t have a legitimate medical basis before they ever reach a courtroom. It also means that preparing a malpractice case takes real time and medical expertise upfront another reason why working with an experienced attorney from the start matters.
Choosing a Malpractice Attorney
Not every personal injury lawyer is equipped to handle a medical malpractice case. These claims require a specific kind of experience, and it’s worth doing some homework before you hire someone.
Look for a track record in this specific type of case. An attorney who primarily handles car accidents or criminal defense may be a fine lawyer, but if medical malpractice is only their first or second case, you’re taking on unnecessary risk. These cases involve navigating expert witnesses, complex medical records, and procedural requirements that don’t come up in other areas of law.
Ask directly about their experience. Don’t be shy about asking a prospective attorney what kind of experience they’ve had with cases like yours. A qualified malpractice attorney should be able to speak specifically to:
- How many similar cases they’ve handled
- What outcomes they’ve achieved
- How they work with medical experts to build a case
If an attorney can’t answer these questions with confidence, that’s a signal to keep looking.
Understanding the “Standard of Care”
You’ll hear the phrase “standard of care” throughout any medical malpractice case, and it’s worth understanding what it actually means. The standard of care refers to the level of care, skill, and treatment that a reasonably competent healthcare professional would have provided under similar circumstances.
In practice, this is the benchmark your case will be measured against. Your attorney and the medical experts they work with will need to show that the healthcare provider in question fell below this standard and that the deviation is what caused your injury.
The Bottom Line
Medical malpractice claims are built on medical evidence, expert opinions, and procedural rules that vary from state to state. Before you move forward, talk to an attorney who regularly handles these cases, ask about their specific experience, and make sure you understand what will be required to prove your claim.
To learn more about Marciano Legal and our medical malpractice attorneys, please feel free to contact us online. You can also dial (215) 515-7743 if you need legal help for a claim of your own in Pennsylvania.
