What is a Medical Legal Review?
Medical Malpractice – What is a Medical Legal Review?
When a person has been injured after receiving care from a medical professional, regardless of whether that harm was the result of a person prescribing the wrong medication, making a mistake during surgery, or misdiagnosing a serious condition, the first step is to determine whether there was a preventable medical mistake. In addition, it is imperative to be able to prove that one or more medical professionals were legally responsible for the harm that was caused.
Determining Negligence is Critical for a Medical Malpractice Case
In order to succeed in a medical malpractice case, it is necessary to prove the following:
- The medical professional had a duty to provide a standard of care in accordance with other practitioners with the same training and skills;
- The medical professional breached that duty;
- The breach of the duty was the direct and proximate cause of the harm suffered by the person receiving the medical care; and
- The person suffered actual harm.
The Medical Legal Review serves a critical role in establishing that a medical professional was the direct and proximate cause of the harm done to a patient, which is critical to make the decision to start down the road to litigating a claim. The information uncovered in a Review creates the foundation upon which a medical malpractice case is constructed. Although this process is intended to provide some answers, deciding to go through the Medical Legal Review does not mean that a person is obligated to pursue litigation, or pursue a particular course of action. This Review is intended to provide guideposts for future action.
A Medical Legal Review Provides Answers
The Medical Legal Review involves many different questions that are geared towards determining what actions led to the harm that has changed forever the life of the injured person. This may involve an analysis of the actions of the doctor and his support team, including nurses and specialists. In addition, it examines the protocols of the hospital or medical facility. Are the appropriate procedures in place and do the administrators and others adhere to those regulations in such a manner as to promote a safe medical environment? This can include analyzing everything from hiring protocols, training staff, managing independent contractors, and maintaining equipment.
Even if a person believes that he knows the cause of the harm that he suffered, it is important to have a Medical Legal Review performed. Many people are overwhelmed by the consequences of an injury. It is during this time of struggle that medical professionals will explain their version of what happened, blaming unavoidable consequences or genetic abnormalities. There are many times when a person who has been harmed by a preventable medical mistake will decide not to pursue legal action because they believe the lies and misdirection of the medical professional who caused the injury. This is why a Medical Legal Review is so important. It is critical to determine whether or not the standard of care was met. Stern Law, PLLC has established a comprehensive way to ensure that any negligence is uncovered during the Medical Legal Review.
How Can a Medical Legal Review Make a Difference for You?
It is crucial to understand the extent of the harm before undertaking a legal action. This is because the long-term consequences will determine how much compensation is necessary to support a person and his family. At Stern Law, PLLC we understand how many things can change in a person’s life after a preventable injury. A person who contributed to the income of a family in order to maintain a certain quality of life no longer may be able to work. This inability to earn a living may be just the beginning of the hardships caused by medical negligence.
A serious injury may require many different operations or procedures to try to counter the damage that was done. It may be necessary to undergo long-term treatment and rehabilitation. In addition, there may be requirements for accommodations in the home. A person who must use a wheelchair after a medical mistake may require ramps, the lowering of counters and other furniture, as well as other significant changes in the home. Further, a person may be able to drive in a modified vehicle. The type of harm that was suffered will dictate what type of accommodations will be necessary.
In addition to accommodations and the use of adaptive technology, a severe injury may prevent a person from leading the life that he would have but for the mistake. A mother or father may not be able to participate in the lives of his or her children. A child may never be able to grow into his or her potential because of a devastating injury. A Medical Legal Review can be used to determine the amount of compensation for pain and suffering that may be sought in a legal action.
What are the Objectives of a Medical Legal Review?
There are many different analyses that go into the decision-making process about whether or not to pursue litigation after a person has been harmed. The reality is that there are times when a person suffers from harm after receiving medical care where there is no negligence. It is important to ascertain if this is the situation from the onset. A Medical Legal Review evaluates a person’s condition before receiving the medical care, scrutinizes the various aspects of the medical care provided, and then analyzes the person’s physical and emotional status after the medical care. The goal is to pinpoint the action or failure to act that led to the harm. Depending on the results of the Review, it may be possible to calculate the type of treatment that will be necessary moving forward to deal with the negative consequences of a medical provider’s mistake.
One of the key aspects of a Medical Legal Review is to ensure that the damages are assessed properly. There are many things that will have to change after a serious injury. Some of these issues may not become apparent for many years, but can be identified during the Review. One of the complexities of a medical malpractice case is to demonstrate the various types of financial and emotional harm that can be long-reaching. This is because there is no opportunity to go back to the court once the case has settled or the jury has reached a verdict. Therefore, the valuation of the harm must be as accurate as possible.
What Happens During a Medical Legal Review?
There are many different types of reviews based on the circumstances of the case. When the case involves a child, it will be necessary to evaluate how the harm will impact the child’s life as he grows. In addition, the long-term care of a child who cannot care for himself will be a critical consideration. The issues of causation, economic impact, and pain and suffering will be analyzed by a group of legal and medical professionals selected because of their specific skills and expertise. If it is a child whose life has been altered by a devastating injury, then the committee may contain board certified pediatricians, experienced pediatric nurses, attorneys, and paralegals who will pay close attention to the medical records. These professionals also will discuss what happened in detail with the person who was harmed, if possible, as well as his family in order to elicit as much information as possible.
As part of the process, the reviewing team will focus on whether there were clear mistakes that were made or whether the medical professional could have taken another reasonable action that would have prevented or reduced the chance of harm. The Medical Legal Review is conducted without charge to the person who was harmed in order to get to the heart of the matter and determine next steps. If legal action is warranted, the Review will create the strategic roadmap that enables the attorneys at Stern Law, PLLC to advocate effectively on behalf of the person who has been harmed.
What Happens after the Medical Legal Review?
It is important to remember that this is a valuable tool, but that it does not dictate what happens next. There always are choices that have to be made. At Stern Law, we will use the results of the Medical Legal Review to make recommendations, but these suggestions do not bind those harmed as the result of medical negligence. The ultimate choice always remains with the victim and his loved ones.
Although the Medical Legal Review does provide the basis for recommended legal action, there are no guarantees about the outcome of any litigation. There are many different factors that will influence the final result of any course of action, so the information revealed through the Review should not be viewed as predicting the success of a particular type of case. Stern Law provides the Medical Legal Review after an attorney-client relationship has been established through a formal contract memorialized in an Engagement Letter. There are Terms of Use, Privacy Policies, and Disclaimers that apply to the Review. At Stern Law, PLLC we work hard to ensure that our clients understand everything that is happening before moving forward to the next step.
Stern Law, PLLC Advocates for People Harmed Due to Medical Malpractice
Medical mistakes lead to thousands of people suffering from preventable harm every year. At Stern Law, PLLC, we know how critical it is to uncover the cause of the harm and hold the responsible medical professionals accountable in order to provide victims with the resources that they need to move forward with their lives. We want individuals affected by medical malpractice to have the information that they need to deal with the situation, so we have someone available to answer your questions 24 hours a day, seven days a week. Call us at 1-844-808-7529 or fill out an online contact form in order to learn how we can help you get through this difficult time.
