When you are seeking legal action against a medical professional or facility, choosing the right attorney can be critical to achieving the best outcome. Medical malpractice cases involve complex laws and procedures, and it’s important to find an experienced lawyer who has knowledge and skill in this area of law. Most attorneys specializing in medical malpractice cases have prior experience as a physician, nurses, or other healthcare providers. When selecting an attorney, look for one with a successful track record and strong references from existing clients.
According to the American Medical Association survey, 34% of American doctors have been accused of medical negligence, and almost half of those (16.8%) have dealt with two or more cases. Patient deaths are a factor in 32% of malpractice cases involving drugs and 18% (almost 1 in 5) of all other cases. If your family is involved in a medical malpractice case, getting the right legal guidance from medical malpractice trial lawyers is important.
Reasons to Pursue a Claim for Medical Malpractice
If your family has been the victim of medical malpractice, you may have grounds to pursue a legal claim. There are several factors that could indicate that medical malpractice occurred and is worth pursuing, such as:
- Unnecessary or incorrect surgery performed on a patient
- A doctor failing to diagnose an illness correctly
- An incorrect diagnosis that leads to injury or death
- Prescribing the wrong medication to a patient
- A doctor failing to provide adequate follow-up care
Among the potential damages that can be sought through a medical malpractice claim are pain and suffering, lost earning capacity, medical expenses, and emotional distress. Ultimately, the lawyer handling your case will determine what type of damages are eligible for compensation.
These are just some of the situations in which medical malpractice may have occurred. If you believe that your family has been the victim of such negligence, it’s important to seek legal advice from an experienced attorney.
Questions to Ask Your Potential Medical Malpractice Lawyer
As you’re selecting the right lawyer for your medical malpractice case, it is important to ask specific questions about their qualifications and experience in this area of law. Here are some important questions to ask:
- How long have you been practicing medical malpractice law?
- Do you have experience in similar cases to mine?
- What are the chances of winning this case?
- What is your fee structure, and do you provide payment plans or other options?
- How long do you anticipate the case will take to resolve?
These are just some of the questions to ask your potential lawyer. It’s important to do thorough research on any attorney you’re considering and make sure they have the knowledge and experience to handle your case. Consulting more than one attorney can help you compare the different options available and make an informed decision about who to hire.
Types of Damages Available in Medical Malpractice Claims
If your medical malpractice claim is successful, you might be eligible to get paid for various damages. The following are some of the most common types of damages that may be granted:
Economic Damages: These damages are designed to reimburse you for any out-of-pocket expenses associated with medical malpractice, such as hospital bills, lost wages, and other related costs. Mostly, economic damages are intended to help you recover financially from medical malpractice.
Non-economic Damages: These damages provide compensation for the pain and suffering associated with the injury or illness caused by medical negligence. This is often referred to as “pain and suffering” or “emotional distress.”
Punitive Damages: These damages are designed to punish the negligent party and discourage similar actions in the future. Punitive damages may be awarded if the defendant’s conduct was particularly obvious or intentional.
What to Look for When Choosing an Attorney
Having the best lawyer on your side during a medical malpractice case can make a significant difference in the outcome. There are certain qualities that an excellent medical malpractice attorney should possess, such as:
1. Qualifications & Expertise
Be sure to ask potential lawyers about their qualifications and whether they have handled similar cases before. This will make sure that you’re getting a lawyer who is experienced in medical malpractice law.
2. Professionalism & Communication
It’s important to find an attorney who is professional and communicative with their clients. A medical malpractice lawyer can explain the legal process, provide updates on your case, and answer any questions you may have.
3. Compassion & Understanding
A medical malpractice case can be a difficult and emotional experience, so it’s important to find an attorney who understands your needs and situation. Make sure that the lawyer you choose is willing to take the time to listen to your story and give sound legal.
4. Litigation Costs & Fees
It is important to be aware of the costs associated with a medical malpractice case. Be sure to ask potential lawyers about their fee structure and what type of payment plans they offer. Some attorneys are willing to work on a contingency fee basis, which means that you don’t pay unless you win the case.
5. Availability & Responsiveness to Your Needs
Availability is key when selecting an attorney. Ask potential lawyers about how quickly they can respond to your questions and concerns, as well as whether they are available to answer phone calls or emails outside of normal business hours.
No matter which attorney you choose, be sure to do your research and select someone who has experience in this legal field and can provide quality representation for your medical malpractice case.
When your family or loved one is the victim of medical malpractice, it’s important to seek legal advice from an attorney who specializes in this area of law. Doing your research and finding a lawyer who has experience with similar cases can help you maximize your chance for success when filing a medical malpractice claim. Be sure to consider the qualifications, expertise, professionalism, and responsiveness of potential lawyers, as well as the cost associated with the case. With the right lawyer on your side, you can seek justice and receive the compensation you deserve.