Statistics about medical malpractice are quite harrowing. It’s estimated that 10% of all deaths in the United States are caused by negligent doctors, and roughly 20,000 medical malpractice lawsuits are filed annually. However, navigating the complexities of medical malpractice is next to impossible without the professional support of a lawyer. They can help you file a lawsuit against negligent doctors and ensure you win the case in a court of law. This blog sheds light on the pivotal role lawyers play in medical malpractice cases.
A lawyer’s knowledge and experience make a profound difference in your pursuit of rightful compensation and resolution. So, here are a few reasons why you should hire a medical malpractice attorney in 2023:
1. They’ve dealt with malpractice claims before
Credible medical malpractice attorneys have been in this industry for a long time. They are well-versed in handling malpractice lawsuits and know what sort of obstacles may arise during the progression of such a case. Don’t just expect to win adequate compensation by showing off a few scars or expect the negligent party to take responsibility for their actions. You’d have to build a strong case and show that your injuries resulted from medical malpractice. A seasoned lawyer can easily do all that.
2. Investigating malpractice can become easier
3. They will know what constitutes malpractice
Establishing negligence can be tricky for laypeople, and there’s not much of a case without proving the malpractice did take place. However, a qualified medical malpractice attorney knows how to establish negligence properly. These four factors constitute the foundation of any malpractice case:
- Proof that a doctor-patient relationship existed between you and the negligent party
- Proof that you received substandard caregiving from the doctor for your medical condition
- Proof that the doctor’s negligence caused your injury or that you suffered due to malpractice
- Proof of what kind of damages you experienced because of malpractice and its consequences
4. They know how to navigate this complex process
Medical malpractice lawsuits are very difficult to process, and many doctors come out scot-free in these cases, even if they have done something terrible. Therefore, working with lawyers becomes necessary to win your malpractice lawsuit by showing your injuries were caused by healthcare providers being careless. Lawyers know how to respond to the different complexities of this difficult legal matter.
Data shows that about 77% of medical malpractice claims involving kids are filed within three years. It is important to file a complaint before the statute of limitations expires. A medical malpractice lawyer knows when to file a claim and, if you live in another state, where to pursue legal action effectively.
Moreover, qualified malpractice attorneys understand medical standards of care. This understanding helps them realize if the accused doctor did actually deviate from the accepted healthcare norms.
5. They will negotiate with insurance people
It’s believed that 37% of medical malpractice lawsuits result in some sort of payment. But it depends on what kind of a lawyer you’ve hired; experienced attorneys can easily handle the insurance team, thereby winning big on your behalf. However, dealing with insurance companies can be difficult for laypeople, as they always try to minimize the payout (or even shamelessly deny liability if possible). That’s why you should never interact with insurance people without your lawyer’s supervision.
An insurance company would ask for more paperwork or try to intimidate you. Seasoned lawyers have experienced these tactics before, so they know how to respond to intimidation properly.
6. They give you the best representation possible
In most instances, offended patients settle with the negligent party, and the case is closed. But patients may choose to pursue this case even further – especially when they feel like the negligence isn’t easily forgivable – and take this to court. If it comes to this, your medical malpractice attorney will represent you before a jury while actively advocating for your rights and building a persuasive case.
Besides a fabulous courtroom representation, medical malpractice lawyers have access to experts who can shed light on some dark corners of a complex malpractice/negligence case. These experts will even testify on your behalf if your claim has any merit, providing careful insights into the malpractice. Also, a lawyer will help you understand complex legal terms before letting you sign anything.
7. Working with these lawyers can be affordable
Dealing with medical malpractice can be pretty expensive, even with a lawyer. However, many lawyers will take on your medical malpractice lawsuit on the condition that they get paid only if you win. Called a contingency basis, this condition makes medical malpractice attorneys more affordable for patients already overburdened by medical negligence’s outfall. They don’t pay anything upfront. When they receive compensation, the lawyer takes a certain percentage of it as their fees.
8. They ensure you get enough compensation
Your compensation depends on different factors, such as the state where the malpractice happened. For instance, data shows that New York residents can expect the highest payout in the US, followed by Pennsylvania and Florida. However, your lawyers will try their best to maximize the compensation and secure fair reimbursement for medical expenses, lost wages, pain and suffering, or other damages.
It’s especially true if you’re working with them on a contingency basis, i.e., the higher the compensation for malpractice, the more money a lawyer makes. It motivates a lawyer to work hard on your case.
Conclusion
If you’re preparing to pursue legal action against a negligent healthcare provider, contact a qualified, experienced lawyer first. A medical malpractice lawyer brings experience, resources, and negotiation skills to the table, helping you receive enough compensation to remedy the doctor’s wrongdoings.
These lawyers often work on a contingency basis and give you the representation you deserve. So, contact a skilled medical malpractice attorney right now and give yourself a fighting chance against a doctor!