In a medical malpractice lawsuit , it is alleged that the defendant erred in failing to follow regular standards of medical care, thereby causing personal injury to the patient that could have been prevented.
Cases of medical negligence or medical malpractice are very common in the country and it is estimated that each year around 250,000 patients die as victims of this, and other statistical studies dare to estimate more than 400,000.
This means that medical errors rank third behind heart disease and cancer as the leading causes of death in the country.
Losing a loved one is a very hard experience and if the cause was also due to medical negligence, there is no doubt about their suffering and frustration due to that unjust death.
The most common reasons for lawsuits handled by a law firm related to malpractice errors include:
- Anesthesia errors
- Failure to administer correct medications or dosages
- Birth injuries
- Diagnostic errors (failure to diagnose, misdiagnosis, delayed diagnosis)
- Emergency room errors
- Hospital negligence (poor sanitation or hygiene, miscommunication, poor recordkeeping)
- Failing to get informed consent
- Nursing home abuse
- Surgical mistakes
- Post-surgical infections
- Prescription or pharmacy errors
Why choose our medical malpractice lawyer?
If you have been harmed by the actions or omissions of a physician, nurse, physician assistant, nurse practitioner, or Hawaiian hospital administrator, you need an experienced medical malpractice attorney with a track record of successful outcomes. You need Brian Cummings, lead lawyer at Cummings Law. Brian, who has been practicing for over two decades, has received over $29,000,000 for his clients over the past few years. He not only has outstanding professional qualities, but is also a sociable and compassionate person. At Cummings Law, you will be treated with respect and compassion by an attorney with extensive knowledge of Hawaii state law as well as federal personal injury law in Hawaii.
Think about the following aspects before hiring an attorney:
- Consider the attorney’s experience: The plaintiff’s attorney must be familiar with the laws applicable to your legal case and be able to understand the medical information in depth. In a medical malpractice case, your attorney should help you prove all the elements of your process.
- First, the plaintiff must prove that a legal duty existed between the defendant and the plaintiff.
- Second, the plaintiff must prove that that duty was breached because the defendant failed to follow the accepted standard of care provided and that the departure from that standard was the proximate cause of the plaintiff’s injuries.
- Third, the plaintiff must establish the damages that need to be remedied. For example, among the most common economic damages to be corrected are medical bills, lost wages, payments for medical expenses, among others.
To obtain the necessary evidence on your case, you must seek the testimony of an expert witness.
Expert witnesses must be qualified and their evidence must be reliable in order to establish whether there was a fault on the part of the health care provider.
This is part of the job of personal injury attorneys and their medical malpractice legal team: preparing their own expert witnesses and trying to disqualify the opposing party, in this case the hospital or medical professional and their team.
- The lawyer to choose must have certain medical knowledge: In order to be able to adequately prepare an expert witness, to carry out an interrogation, a good medical malpractice lawyer must be able to:
- Understand medical terms.
- Understand common and specific medical procedures.
- Understand the typical diagnoses and theories of medicine.
- Be connected to the medical community in your area.
- Understand the operation of the system of medical providers and health professionals.
For this reason, most medical malpractice attorneys have their own team of nurses, doctors, or other medical professionals to consult the relevant and common standards of medical care.
There are even experienced medical malpractice attorneys who are also medical doctors or registered nurses, and therefore have expertise in both medicine and law.
- The attorney must be an expert in litigation: Typically, the defendant in a medical malpractice case is an insurance company. Insurance companies often invest and spend a lot of money on legal defense. Therefore, it is important to retain a plaintiff attorney with experience in medical malpractice litigation and settlement.
Medical malpractice cases can take a long time to resolve in court and profoundly impact the life of the plaintiff.
That’s why it’s important to choose an attorney you can trust, who will take the time to consult with you, who is willing to answer all of your questions and explain your legal rights, and who will represent you zealously.
Any experienced medical malpractice attorney should be able to give you examples of cases they have successfully litigated or settled. The attorney should also be able to provide you with references.
Yes, it is possible to win a medical malpractice case, it is true that they are among the most difficult, but if you think that you or a family member has been poorly treated by a medical provider, do not hesitate to consult an attorney to find out if your case is admissible. start a lawsuit.