What Your Medical Malpractice Lawyer Won't Tell You About Winning A Claim

Medical malpractice is the third leading cause of death in the United States, after heart disease and cancer, with annual payouts amounting to $3.5 billion.

Types of claims

Healthcare providers have a duty to provide patients with competent advice and treatment and not to cause them loss or harm. They normally have insurance in case they deviate from the ‘recognized industry standard of care’ required, although this may not cover all situations. A client may for example, have a damages claim for medical malpractice due to surgical errors, a failure to diagnose, medication errors, or failure to warn of birth defects. Not all loss or injury is as a result of negligence, but only if the health care provider failed to provide the level of care that others in the field would have done.

Finding a lawyer

If you find yourself in this situation, the most important first step is to find a competent malpractice lawyer. Professionals aren’t required by law to have malpractice cover and if they do, it may be limited to certain types of claims. If they are insured then they will normally be represented by a lawyer appointed by the insurers. These lawyers often press a patient to accept an apology and early settlement, which can be a risk, if the full extent of injury is not immediately apparent.

Check their experience

Wherever you find a lawyer, it’s important to check their biography. Lawyers usually specialize in either defending or bringing claims. You need to meet with them to ask questions about their experience and success in dealing with your specific type of case, check that they are in good standing with their local bar association, obtain references from previous clients and make sure that you feel comfortable with them.

Costs

If you are going to bring a medical malpractice suit to action, you better be very confident and willing to spend. Medical malpractice claims are expensive and very time-consuming to pursue. All the while, your efforts could prove fruitless in the end.

When choosing your lawyer, make sure you or the associated law firm have sufficient resources to see the claim through. Medical malpractice suits require meticulous medical record gathering and often require an expert witness to validate arguments.

Medical malpractice lawyers will often work on a contingency basis, meaning they will waive their fees in the event they lose. This does not mean your failed action is free, you will still need to foot the bill for other legal expenses associated with your claim.

A medical malpractice lawyer will only take a case if they fully believe you have a real chance of success. Failing wastes time and money for both parties so there is a chance they won’t accept your case.