Medical mistakes happen quite often, which is really scary. In fact, studies have found that up to 10% of all deaths in the United States are caused by medical errors. This means that medical negligence is the third most common reason for death in the U.S.
If a healthcare provider makes a mistake that harms you, it’s important to seek legal assistance. This guide helps you choose a medical malpractice lawyer. They specialize in medical negligence. They can help you find the best person to support you in getting compensation through the legal system.
Tips for Finding the Best Medical Negligence Lawyer
You must find the right medical malpractice lawyer. This is key to winning your case and getting the compensation you deserve.
That’s correct. Some states have made it harder to sue for medical negligence. They did this to lower healthcare costs, in efforts known as “tort reform.””
Medical Malpractice cases are often complex. So, it’s important to have a lawyer who can explain the evidence to a judge or jury. They must do so in a way that someone without medical training can understand.
To start picking your medical malpractice lawyer, you need a list of potential attorneys to speak with. You also need some guidance on what to consider. Here are three important tips that can assist you.
Ask People You Trust for Referrals
If you have previously worked with a lawyer for any legal matters, they can be a valuable resource. Start by asking them if they can recommend a lawyer specializing in medical malpractice. Many people know lawyers from situations like real estate, estate planning, or divorce.
You already know and trust some lawyers. They may have connections with colleagues who specialize in medical malpractice cases. Your friends, family, and others in your network might also know of lawyers who have handled medical negligence claims well. This is especially true because medical errors are common.
Also, there are professional groups and organizations. For example, state bar associations maintain networks of good lawyers. They also offer referral services. It’s worth exploring all these options to compile a list of medical negligence attorneys to consider.
Understand the Fee Structure up Front
Most medical malpractice lawyers operate on a contingent fee basis, which means they only get paid if they win your case. In this arrangement, you would pay the lawyer a percentage of the money you receive as compensation.
But, it’s important to know that bringing a medical malpractice claim can have many legal costs. These costs might be higher. They are high compared to other injury claims. This is because malpractice cases rely on expert testimony. These experts charge fees for reviewing your medical records and providing consultation for your case.
Certain law firms and lawyers may require you to pay for actual costs, such as expert fees and attorney travel expenses, even if you do not win your case. So, it’s crucial to learn the rules and policies on these costs before choosing a medical malpractice lawyer.
Make Sure Your Lawyer Has Handled Similar Cases
Medical negligence can happen in various ways. For example, a doctor can fail to: make a correct diagnosis, give proper treatment, or quickly diagnose a condition. They can also fail to get your informed consent. They can cause birth injuries or neglect important actions. These actions include ordering tests or giving you results on time.
It is crucial to have a lawyer who is familiar with the specific type of medical negligence you have experienced. You also want an attorney. They should be skilled in negotiating with medical malpractice insurers. They settle claims without going to court. However, it’s also important that your lawyer is prepared to take your case to trial if necessary. While many cases are resolved through settlements, there is no guarantee that yours will be. You need a lawyer who is ready to assist you throughout the entire process, regardless of the steps involved in reaching a resolution.
Why You Need a Medical Malpractice Lawyer
There are several reasons why having a medical negligence lawyer is important. Here are some of them:
Making a claim for medical negligence is hard. This is because it’s not easy to determine the exact level of care a provider should have given you. It can be even more challenging to prove that the caregiver’s failure directly caused harm that you can seek compensation for.
A lawyer can help you assess the strength of your claim. They can help you decide if you are likely to win a civil lawsuit under your state’s rules.
Your Lawyer Helps You Gather Evidence
Your attorney will gather your medical records to begin building your claim. They will also find expert witnesses. The experts will examine those records, find mistakes, and show how you were harmed by them.
Your Medical Negligence Lawyer Help You Identify Defendants
Your medical malpractice lawyer will also help you find all the people or groups that could be blamed for your situation. For instance, besides your doctor. A hospital might have more insurance and money. As a result, the hospital could potentially be included as a defendant in your case due to the legal principle of vicarious liability.
Your lawyer must find all those who caused you harm. They can be held responsible. They must also help you get the most money with the least cost and stress.
Your Lawyer Negotiates on Your Behalf or Presents Your Case in Court
Doctors have insurers for medical malpractice. The insurers are skilled at negotiating. They aim to pay as little as possible. Your lawyer assists you in negotiating a favorable settlement to potentially avoid going to court.
If it becomes necessary to go to trial, your attorney will help you file your claim within the time limit set by the law and present a compelling case to convince the court to support you and grant you compensation for the harm you suffered.
How to Interview a Medical Malpractice Lawyer
During the interview with a medical malpractice lawyer, it’s important to ask a few important questions. Specifically, you should ensure that the attorney has the necessary experience and a history of successfully settling cases or winning trials in court.
It’s important to determine how involved your lawyer will be in handling your case, whether they will personally handle it or delegate it to paralegals or associates. Additionally, you want to ensure that your lawyer communicates with you in a clear manner that you can understand. It’s crucial that you feel comfortable sharing sensitive details about your medical care and the harm you experienced with your lawyer.
Ultimately, the objective is to ensure that you can establish a good working relationship with your lawyer throughout the weeks, months, or even years it may take to navigate the legal system and seek the rightful remedy for the harm caused by a medical care provider.
What is an example of medical negligence?
Medical negligence can occur in various ways, such as when a healthcare provider fails to provide the appropriate level of care that a similarly trained doctor would have given in the same situation. For instance, if a competent emergency room (ER) doctor would have recognized that you were experiencing a heart attack, but the ER doctor you saw mistakenly diagnosed it as heartburn and sent you home, this is an example of medical negligence.
On what grounds can you sue for medical negligence?
If you can demonstrate that a doctor or healthcare provider failed to meet their legal duty towards you, you have the option to file a lawsuit for medical negligence. This failure happens when they provide care that falls below the standard expected from a similarly trained caregiver in the same circumstances.
Additionally, you can also sue the clinic or facility that employed the negligent provider. This type of claim is based on the concept of vicarious liability, which holds employers responsible for the negligence of their staff members who cause harm while carrying out their professional responsibilities.
How do I prove a medical negligence claim?
Typically, you require the testimony of experts to prove a medical negligence claim. It is necessary to demonstrate that your healthcare provider did not provide treatment at a reasonably competent level, as determined by the standards of other professionals with similar training. Additionally, you need to establish that this failure directly caused harm to you. A medical negligence lawyer can assist you in collecting medical records and locating expert witnesses who can support your case.