Finding a good medical malpractice lawyer is very important if you or a loved one has been injured by medical malpractice. Advertisements in TV commercials and on billboards may say that the lawyer advertised is the “best medical malpractice lawyer near you” without explaining what that means. But finding the best lawyer for medical problems doesn’t have to be a daunting task. Read on if you are seeking legal advice for your medical malpractice lawsuit.
What Is a Medical Malpractice Lawyer?
An experienced attorney who specializes in medical malpractice must prove that the doctor or hospital that provided you or your loved one with care was negligent. Medical malpractice law firms with experience in trial work are your best choice because they know how to prove the following:
- Duty of Care — As the patient of the doctor or hospital, you were owed a legal “duty of care.”. In other words, they must have followed accepted medical standards when treating you. In addition, the medical or hospital staff caring for you must treat you the same way any similarly qualified colleague would. A medical malpractice attorney must determine precisely what was needed in your particular case in the areas of decision-making, medical/surgical technique, and follow-up.
- Breach of Duty — The doctor (or doctors) did not provide the level of care required.
- Causation — The injury was caused by a breach of duty.
- Damages — When proven that the injury has caused significant harm, damages can include financial loss, medical bills, costs for adapting to the injury, pain, and suffering.
What Does a Medical Malpractice Law Attorney Do?
A medical malpractice attorney will gather a lot of data to prove your case. To understand what happened and what should have happened, the lawyer will typically gather and review all available medical records.
Depositions, which may be used as evidence at trial, are part of the investigative process. Plaintiffs, allegedly negligent medical professionals, medical experts, and other witnesses will be called to testify in the depositions. The attorney will also consult with medical experts to assist with the case and sometimes have the expert testify at the trial.
Additionally, by conducting detailed research and, if necessary, independent medical examinations, the medical malpractice attorney will help the victim or victims prove the extent of their injuries.
Medical malpractice cases are among the most complicated legal processes a person can go through. The process can take 3–5 years in most cases. Consulting first with medical malpractice law attorneys near you can help you navigate the process.
When to Hire a Medical Malpractice Lawyer?
If you or a loved one was injured by medical negligence, you should consider hiring a medical malpractice lawyer. Medical malpractice attorneys can support you when it comes to dealing with medical malpractice cases. As soon as you become injured, if you suspect medical malpractice, consult an experienced medical malpractice law attorney.
How Do I Choose a Medical Malpractice Attorney?
Choosing an attorney from a sea of unfamiliar names can be difficult, especially if you have a medical claim against a trusted physician or hospital in the area. When facing a legal problem, choosing an experienced law firm is of paramount importance. Therefore, it is a good idea to ask how many medical malpractice cases the attorney you are considering has actually tried. Additionally, here are several things to check if you’re looking for an attorney:
- Credibility — Consult your colleagues, friends, and judges. Search the web for more information if you are left without a personal recommendation.
- Expertise — Attorneys are not all the same, so it is important to find an experienced medical malpractice attorney if you’ve suffered medical negligence. The vast majority of attorneys today work in general practice, which means they handle both civil and criminal cases. The majority of civil cases settle without a trial, even with attorneys who specialize in civil matters. You will not want your attorney’s first trial to be this case.
- Personality — If you’re looking for a lawyer, you need to be able to trust him or her, to feel a connection, and the lawyer needs to explain the process in a way that you can understand.
- Cost — Consultations with prospective attorneys should be and are usually free. You should discuss the projected costs of your case with the attorney once you have selected one.
How Much Does the Average Medical Malpractice Lawyer Cost?
Medical malpractice law lawyers near you will usually work under a contingency fee agreement, which means that they are paid a percentage of any settlement or award they receive for you. In other words, if the case cannot be settled out of court or if the lawsuit is lost at trial, then the lawyer does not get paid.
Do Medical Malpractice Attorneys Usually Charge for Consultations?
A medical malpractice attorney typically works on a contingency fee basis or for a reasonable percentage of the damages awarded. Contingency fees are typically 33% of the settlement or award, but they can be negotiated at the outset of your case. The initial consultation is typically free.
