Reasons to Hire a Medical Malpractice Lawyer
Most people will only come to appreciate the importance of hiring an attorney when they need one. The legal system can be unkind when there is no one to provide the necessary guidance. There are so many advantages of hiring an experienced attorney when you’re the victim of medical malpractice. You deserve to be compensated for the negligence caused by the doctor that has been entrusted with your health and life. Before we can delve into the advantages of hiring a malpractice attorney, it’s important to know more about what it entails.
What’s Medical Malpractice?
For a medical practice to happen, the doctor or health professional will have been deemed to breach the standards of care. A qualified doctor under the same circumstances wouldn’t have done the same unreasonable things as the doctor being accused of malpractice. When the injury is the result of unreasonable action, it can be termed as malpractice.
Should You Be Worried of a Medical Malpractice?
You definitely need to be worried as medical malpractice is the third leading cause of death in North America. According to statistics, medical malpractice claims up to 400,000 lives every year. This is perhaps one of the main reasons why you should hire a malpractice lawyer if you or a loved one has had to undergo the pain of a negligent doctor.
Is a Bad Outcome Always a Malpractice?
Not entirely. It’s the responsibility of the doctor to warn you of the risks of the treatment procedure. This doesn’t absolve them in case of malpractice. It’s possible that the results might not be favorable even when the circumstances are right. Even though a bad outcome can help in proving medical malpractice, it doesn’t always mean that it has occurred.
Time Limits for Filing a Medical Malpractice Case
There are statutes of limitations with filing a medical malpractice lawsuit. In most states, you’ll be required to file in two years from the date the malpractice occurred. As a rule of thumb, make sure to reach out to an attorney as soon as you suspect malpractice has occurred. Waiting for too long will only weaken the case and the court could read malice in the lawsuit.
Determining That a Medical Malpractice Occurred
This will be the most challenging aspect of the whole process. The burden of proof will be on you. That’s why it’s recommended that you’re looking for an experienced medical malpractice attorney. There are some elements that must hold true for a medical malpractice case to be taken seriously by the court:
- You’re able to prove negligence on the part of the doctor
- A doctor-patient relationship existed
- You’re able to provide proof of the damages caused by the doctor’s negligence
Proving negligence is a complicated endeavor with any personal injury case and it gets more complex with a medical malpractice case. That’s why it will be a bad idea to file for a claim on your own without the help of a trained and experienced personal injury attorney.
Having looked at what a medical malpractice case entails, the next step would be to get an attorney to help with the legal technicalities. Make sure that you’re going for a lawyer that has the experience and a reputation for winning such cases. Here are some of the reasons why you should be working with an attorney for your medical malpractice case.
Handling of Paperwork
You can expect endless paperwork with a medical malpractice case. A small error could have a big impact on the outcome of the case. For someone that doesn’t have a background in law, it can be frustrating trying to figure out the legal jargon when filing the paperwork. An experienced attorney has been through the process before and has developed efficient systems to help in managing paperwork.
Knowing The True Value of the Claim
In most instances, most people will get into the claim process with unrealistic expectations. It’s even worse if the expectations are too low. An experienced malpractice attorney will have a point of reference having worked on similar cases in the past. There will be adjustments based on your individual circumstances. The goal is to make sure that you’re getting maximum compensation for the damages.
Since most personal injury cases will be settled out of court, you can expect back and forth with the negotiations. Insurance companies will always want to play hardball with the negotiations. You’ll be disadvantaged by having to do the negotiations on your own. An experienced attorney has a reputation to maintain. They’ll not be easily intimidated just because the insurance company has a team of lawyers.
Speeding Up The Claim Process
It can take months or even years before the claim is finalized. Without an attorney, you could be looking at even longer periods. A malpractice attorney is familiar with the claim process and will ensure that it’s taking the shortest time possible. They know that it will be in their best interest and that of the client that the case is taking the shortest time possible.
Access to Resources
If you’re working with a reputable attorney, he or she is likely to be from a law firm with plentiful resources. Depending on the nature and size of the case, they could decide to allocate their resources. They're also knowledgeable when it comes to getting the best doctors so as to help with the recovery process.
It’s possible that the case can be taken to trial. When it happens, you’ll want an attorney with trial experience by your side. There are minimum standards that are expected for a case to be heard by the judges. For an attorney to decide to go to trial, it means that there is reason to believe that you’re not getting the best determination for your medical malpractice claim.
Hiring a medical malpractice attorney should be a no-brainer if you’re to get the best outcome for your case. The majority of them will work on a contingency fee basis. That means they’re only paid when you get compensated.
comments powered by Disqus