A San Jose medical malpractice lawyer malpractice lawyer serves as a patient’s voice and advocate throughout the legal process. They are skilled in dissecting complex medical records and engaging expert witnesses to build a compelling claim that maximizes compensation for patients injured by healthcare professionals.

In the United States, malpractice claims are typically filed in state trial courts and adjudicated by a jury of peers. Physicians are required to carry insurance that pays for defense costs and indemnity in the event of a malpractice claim. A medical malpractice plaintiff’s attorney must present evidence gathered during pretrial discovery that proves it was more likely than not that the physician breached their duty to the patient, resulting in injury. Defense attorneys are responsible for negating the evidence presented by plaintiff’s lawyers.

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The most important piece of evidence in a medical malpractice case is often the victim’s own testimony. A medical malpractice attorney will engage the victim in a deposition under oath and record a verbatim stenographic record of the testimony for use at trial. Often, the deposition is held in the doctor’s office to encourage candid testimony.

Medication mistakes are another common form of medical malpractice. Medications are complicated and require careful adherence to specific dosing protocols. A lack of resources and training may lead to medication errors, which can cause severe injuries or death. In some cases, the patient is not even aware of a medication error until it causes complications later on. A medical malpractice lawyer can help victims determine if their health condition was caused by a medication mistake and secure compensation for damages.

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