With cases of medical malpractice increasing every year, so is the number of medical attorneys specializing in such cases.  It’s obvious that these attorneys are trained to represent their clients and find a way within the law to win their claims, however there are also certain duties that they are expected to perform.

The first duty of a medical attorney is to know the law.  Most of us do not understand the complexities of medical malpractice laws, which is why we seek representation of an experienced lawyer.  It is critical to their patient’s success that these attorneys understand the intricacies of the statutes in their jurisdictions.

Next, medical attorneys have the duty of determining whether or not a claim brought to them by a patient is legitimate.  They must know what type of evidence is needed, and whether such evidence is sufficient to prove a case of malpractice.  Most states impose fines for frivolous lawsuits, so medical attorneys need to know beforehand whether a case is worth pursuing.

Because most medical attorneys only receive compensation for their work when they successfully win a settlement for their clients, they have the duty of bearing the financial burdens incurred before and during the trial.  Unfortunately, these types of cases can often drag on for months, even years, so medical attorneys must be prepared to pay all required out of pocket expenses related to the case until the case concludes.

There is a certain duty imposed on medical attorneys to weigh all the evidence and decide whether a trial is worth it or if the patient would be better off settling the case out of court.  Sometimes the patient will receive significantly less by choosing to settle, however the medical attorney may feel that the case is not strong enough to be successful in a trial.  It is their duty to properly analyze each case and make the appropriate recommendation to the client.

Finally, medical attorneys should be expected to have some knowledge of the medical profession.  Particularly since they will need to speak with experts and read medical reports and records to properly prepare and present a case.  It’s also a good idea, whenever possible, for less experienced lawyers to seek the advice of more seasoned attorneys in their field to be sure they are properly representing their clients.

Medical attorneys should be expected to perform all of these duties in order to be successful in winning a malpractice claim.

This entry was posted on Thursday, October 30th, 2008 at 12:18 pm and is filed under Medical Malpractice. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.