what to look for with a good medical malpractice defense attorney

What are the 3 defenses to medical malpractice?

Three of the most common defense strategies in medical malpractice cases are:rejection of expert testimony.reduction or elimination of damages, and.absence of causation.

What is the most important type of evidence in a medical malpractice case?

Your medical record is the most important piece of evidence you can use to support your claim. It shows your original condition, the treatment you received, and your condition after receiving treatment. This is one specific piece of evidence that should be part of every medical malpractice claim.Jan 5, 2017

What are the defenses to a medical malpractice action?

There are several defenses available to medical professionals accused of malpractice, and this article is a brief introduction to a few medical malpractice defenses.Standard Negligence Defenses. ... Contributory Negligence. ... Respectable Minority Principle. ... Good Samaritan Laws. ... Statute of Limitations. ... Additional Resources.

What is the most common malpractice claim?

What Are the Most Common Medical Malpractice Claims?Misdiagnosis or delayed diagnosis.Failure to treat.Prescription drug errors.Surgical or procedural errors.Childbirth injuries.

What is the most important resource of information in malpractice cases?

As previously mentioned, the patient's medical records are usually essential evidence in a medical malpractice case. The details in these records often determine whether the lawsuit will be successful.Nov 29, 2016

How do I gather evidence for a medical malpractice case?

Therefore, the first step in gathering evidence for your medical malpractice claim is finding an experienced medical malpractice attorney to handle your case....Gathering the three key pieces of evidence in malpractice casesMedical Records. ... Expert Witnesses. ... Medical Journals and Articles.Jul 18, 2016

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

What are the best defense against a malpractice suit?

What are the best defenses against a malpractice suit? Prevention and good communication between provider and patient are the best defenses against malpractice.

What is a causation defense?

A causation defense is a strategy that can potentially be used to defend against a medical malpractice claim. It is commonly used when the basis for the claim is a failure to diagnose a condition, or a failure to do so in a timely manner.Jan 6, 2021

What are some examples of negligence?

Examples of negligence include:A driver who runs a stop sign causing an injury crash.A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.Feb 23, 2018

What is an example of negligence in the medical field?

Here are some examples of medical negligence that might lead to a lawsuit: Failure to diagnose or misdiagnosis. Misreading or ignoring laboratory results. Unnecessary surgery.

What are the signs of malpractice?

Signs Of Medical MalpracticeYour Treatment Isn't Working. ... Your Treatment Doesn't Make Sense With Your Diagnosis. ... Your Doctor Failed To Order Anything More Than Basic Lab Tests. ... You Got A Second Opinion That Was Different Than Your Diagnosis. ... The Hospital Or Care Facility You Stayed In Seemed Understaffed.More items...

What are the most common types of medical malpractice claims?

Any healthcare provider can find themselves the defendant in a medical malpractice lawsuit. However, certain practitioners are at a higher risk bas...

What does a patient need to prove to succeed in a medical malpractice lawsuit?

Medical malpractice lawsuits are based on a healthcare provider's negligence, not an adverse patient outcome. That said, at the center of every med...

Do I need an expert witness if I'm named in a medical malpractice lawsuit?

Almost certainly. Depending on the jurisdiction, most states require patients bringing a medical malpractice claim to present the testimony of an e...

What should I look for in a medical malpractice defense lawyer?

Medical malpractice cases involve the complex intersection of law and medicine. This makes them some of the most complex lawsuits. If a patient is...

What does a medical malpractice case look like?

While most people think of a medical malpractice case taking place in a courtroom, there is a significant investigation that goes into a case befor...

Start With Personal Referrals

Personal referrals are always a good place to start your search for anything, but particularly legal professionals. Attorney-client relationships are complex. They require trust, patience, and understanding.

Check Online Reviews

Online attorney review sites like AVVO and Super Lawyers exist to allow current or former clients to provide feedback to help other potential clients. These sites are a great way to get a feel for how responsive the attorney is, their demeanor, and any potential billing concerns.

Interview Potential Candidates

When it comes to finding a good attorney, it’s always a good idea to shop around. It’s important to find an attorney with whom you feel comfortable and who you can rely on to do a good job. When researching potential attorneys, make a list of your top candidates. Then set up a meeting with these individuals.

How Experienced Medical Malpractice Defense Attorneys Can Protect Your License

Don’t trust your financial future to a group of insurance lawyers when you can put the Oberheiden P.C. Healthcare Law Team on your side.

Full Service Medical Malpractice Defense

Oberheiden, P.C. will be there to advise you throughout the entire course of your malpractice suit, including pre-suit investigation, the pleadings stage, discovery, motion practice, pre-trial hearings, trial, and post-trial proceedings.

Civil Liability Defense

At Oberheiden, P.C., we routinely defend medical practitioners against claims for civil liability. We represent clients facing suits brought by private individuals as well as state and federal authorities.

Compliance and Risk Management Consulting

The best way to guarantee a successful outcome from a malpractice law suit – or any other type of civil litigation or government investigation – is to have a routine compliance program in place.

The Right Team to Defend You

The veteran team of medical malpractice defense attorneys at Oberheiden, P.C. has decades of litigation experience collectively, and we use our experience in the courtroom to achieve successful outcomes for our clients.

Our Defense Attorneys Will Protect Your License

Oberheiden, P.C., is a group of former federal prosecutors and experienced defense lawyers. Every client at Oberheiden, P.C. has direct and personal access to one or more senior attorneys; you will not be handed off to secretaries, junior associates, or paralegals.

Why Do Clients Trust Oberheiden, P.C. as their medical malpractice defense lawyer?

At Oberheiden, P.C., we built our reputation the hard way – by winning a multitude of favorable outcomes for our clients. Following are some of the primary reasons for the immense trust that our clients have placed in us.

A Proven Track Record

There are many factors that can make pursuing a successful medical malpractice claim an uphill battle. You want a seasoned professional by your side who has handled countless cases and combatted multiple legal defenses to have the best chance possible.

A Deep Understanding of Medical Malpractice Law

There are some things that make medical malpractice litigation different from other types of law. One of the greatest differences is that jurors typically have an inherent bias that favors healthcare professionals, particularly physicians.

An Understanding of the Medical Malpractice Pre-suit Process

If you’ve determined you have a medical malpractice case, you must find a lawyer that takes the early and pre-trial stages of your claim seriously. It’s difficult to know how long a medical malpractice lawsuit will take to complete.

Access to an Expert Network

Behind every great medical malpractice attorney is an equally great network of experts and advisors to assist you from the beginning until the conclusion of your case.