Medical malpractice cases are among the most painful and emotionally complex. Lives have been changed, quality of life has been impacted, and families may have lost parents, children, spouses, and siblings. While your legal goal is to help prove negligence and causation and win damages, there’s a more personal aspect to malpractice law that should be considered, as well.
How do you, as an attorney, help grieving individuals and families navigate this time? How can a lawyer successfully combine their skill in law with compassion to help families win their cases?
For 40 years, medical malpractice lawyer Robert Pecchio has worked closely with hurting individuals and families in Akron, Conneaut, and Twinsburg Ohio. He offers his insights as to the economic, emotional, and psychological impact of medical malpractice and how you as an attorney can help a client navigate their trauma.
The Economic Impact,
Injuries sustained because of negligent medical care immediately place further economic burdens on families. In addition to being frightening and upsetting, these injuries can require further, expensive medical treatment to address.
Time spent away from work due to medical complications can push many families from financial security into the unknown. Bills begin to pile up, and newly acquired medical bills don’t help.
A client may need medical devices in light of an injury, such as a wheelchair or catheter, which may or may not be covered by their insurance. Should a family member pass away due to suspected medical negligence, the immediate expenses related to their death can be daunting.
Should the deceased have been the primary breadwinner, the surviving family is now looking at a sudden and total loss of much-needed income. Handling car payments, utility bills, groceries, mortgage, and rent is now uncertain.
It’s especially important for you as an attorney to review clients’ financial needs and make sure the full impact of the injury or death is understood and made clear when seeking damages. Winning damages won’t just help families stay afloat, they can give a sense of closure and certainty when clients need it the most.
The Emotional & Psychological Toll
Understanding the emotional impact of the injury on your clients is important as an attorney. Talk at length with your clients as a medical malpractice lawyer and get to truly understand how these injuries have changed their well-being, quality of life, and mental health.
Grief and post-traumatic stress following a major medical injury are common. And the confusion, pain, and suddenness of a medical malpractice death can scar families deeply and permanently. Even when financial loss is not a major concern due to high earnings and good insurance, no amount of money can replace a limb, mobility, or a beloved person.
Feelings of anger, numbness, disbelief, and loneliness are common. Frankly, one of the last places we expect to be seriously or fatally injured is in a hospital.
What skills can you use to truly benefit a client when they need help the most? Being a careful and caring listener is one such skill. On a practical level, the more you know about a client’s background, the fuller a picture of their cause you can successfully present.
Ask how their lives have changed since the injury, develop a clear sense of before and after, and be able to describe this loss meaningfully.
Something else to consider as a lawyer is that many clients simply want to be listened to; they want to know that their pain and injury are noticed and meaningful. When hospital staff have been dismissive or unhelpful, you can fulfill a vital role by simply listening attentively and letting a family know that you are here to help.
Final Thoughts
The economic and emotional impacts of a medical malpractice injury or death can be considerable. Clients trust doctors to heal and protect life, and when things go wrong, the grief, loss, anger, and confusion can be profound. What’s more, medical bills, loss of income, or funeral expenses can be daunting and make an already difficult situation more frightening.
Working closely with and caring about your clients will help you get a deep and real understanding of the financial and emotional impact of the malpractice endured. Winning a medical malpractice lawsuit will mean not only proving negligence and causation but also demonstrating your client’s personal loss to a judge and jury.
The more intimately you understand their financial and emotional losses as a medical malpractice claims attorney, the better you can argue for appropriate and just damages. And while meaningful awards can not undo harm or restore life, they can help your clients move forward with greater dignity and a true sense that justice has been served.
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