You need to utilize the services of a medical malpractice lawyer if you or someone you care for has been injured, even temporarily, by the negligence of a doctor or hospital. Pursuing a case of medical malpractice without the assistance and help of a qualified lawyer is really going to only be an exercise in futility for you, as you will very quickly find out.
Recent studies from the American Medical Association indicate that well over two hundred thousand people die each year because of some form of medical malpractice. While that figure is staggering in itself, just think of how many people do not die but are temporarily or even permanently injured due to medical malpractice, which is likely a significantly larger number.
This is the first thing that a good lawyer should do. He should contact all the doctors, hospitals, and other health care providers who are directly or indirectly involved in the alleged malpractice. When the lawyer contacts the involved parties, he should ask for copies of the relevant medical records.
After getting the records he should do extensive research and understand the condition that you were suffering from. He should also understand how to treat the condition.
In addition to seeking for information online, a good attorney should also seek help from an expert. For example, if you were suffering from asthma at the time of the malpractice, the attorney should contact an asthma expert and learn as much about the condition as possible. The lawyer should also ask the expert whether you were treated the right way.
At this stage the lawyer should find the people who will be witnesses in court. The attorney will determine what type of people they are, whether the jury will like them, and if they are believable.
He should also ask the witnesses to give their part of the story. After listening to all the witnesses, he should come up with a conclusion as to whether it’s wise to go to the next step.
Once the attorney has done his research and has come up with a conclusion that there was malpractice, he should file a lawsuit. He should then serve the defendants and their attorneys with copies of papers that show that a lawsuit has been filed.
Negotiations and settlement
The good thing with most medical malpractice cases is that they settle. This means that the cases don’t go to trial. The reason why the cases settle is because the insurance companies cover them.
Sometimes the negotiations towards settlement are unsuccessful and the involved parties are forced to go to trial.
At the trial stage the witnesses are asked to testify in court. To increase the chances of winning the case, the lawyer should prepare exhibits, visual aids, questions to witnesses, and opening statements. Although, an attorney should do everything possible to help you in winning the case, you should remember that the final decision lies with the judge.
The Best Qualifications in Finding a Lawyer
Proving legal malpractice is a difficult task; therefore, you need a Legal Malpractice Lawyer who is well practiced in this area to increase your chance of proving your case. An experienced lawyer has seen these types of cases and knows how the insurance company is likely to respond to avoid payment and can provide the expert resources you need to help strengthen your case.
Also, a qualified attorney is well adept in negotiations and will fight to get you the settlement you deserve, and in most cases, as quickly as possible.
Lastly, a qualified attorney is confident in his or her ability to help you win your case; therefore, he or she will not typically charge a fee unless your settlement or case is won. Also, they will also allow you to schedule a free consultation to discuss the details of your case and advise you on the best way to proceed.