Hiring a medical malpractice attorney is best when you think you have a case to be made. They have the skill and training needed to bring these types of cases to a positive outcome.
Have you been hurt as the result of negligence by your doctor? Do you think your doctor might be liable for the suffering you have had? If so, you need to talk with a medical malpractice attorney. These attorneys are trained to handle the particular nuances of cases involving negligence and liability.
You may be thinking that you can handle a medical malpractice case alone, without an attorney. These cases usually involve a very long process and detailed paperwork, and there are specific laws that affect them. While you might think that you can save a little money by acting as your own attorney, you may not have the financial resources to handle such a case. Lawyers often front those fees during the case because they can recoup their costs if a settlement is reached or the case is won.
The first thing that a medical malpractice attorney will do is determine whether or not you actually have a legal case to be made. Just because your outcome was undesirable does not necessarily mean that your doctor was at fault. An attorney will examine any data and current standards of practice to determine if your practitioner was negligent or liable. Standards of care, geographic location and norms of practice are all facets that will be examined to determine if you have a case.
Once your medical malpractice attorney has determined liability or negligence, he must then make sure that he has documented proof of such a charge. Then, you will be able to sue for damages (such as lost wages, medical costs, etc.). Doctors are insured against these types of charges, so it is likely that you will be dealing with the insurance company. It is estimated that up to 90% of these cases are never tried, but are actually settled out of court.
Another aspect that can be determined by your medical malpractice attorney is whether or not your case is within the statute of limitations. For most issues, there is a time limit for which a lawsuit can be brought against an individual or corporation. If the statute of limitations has expired, you may not be able to sue for damages even if your doctor was negligent or has some liability in your case.
Keep in mind that bringing hiring a medical malpractice attorney and filing a lawsuit is a very time consuming process. You need to determine for yourself if the time and money is worth the outcome. This is not a decision that can be made by anyone but you. If you do decide to proceed, encourage your friends and family to stand beside you and help you as you make your case.
Hiring a medical malpractice attorney is not difficult. Since many lawyers specialize in these types of cases, they usually advertise that this is their specialty. You may have heard of a lawyer or your friends may be able to recommend one. You should also feel free to interview various lawyers and find one with whom you are comfortable.
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