What Can a Medical Malpractice Attorney Do for Me?
August 30, 2022 | Medical Malpractice
We trust healthcare professionals to provide us with the best care when we are ill or injured. Healthcare professionals undergo years of training in order to be able to provide the standard of care expected of them. Despite this, medical misconduct is still quite common and this often results in serious injuries or even death of patients
A patient or their survivors can file a medical malpractice claim against healthcare professionals when they do not provide the standard of care that is expected of them and this misconduct results in injury to the patient. These claims allow patients or their survivors to recover financial compensation for the injuries they suffered. Medical malpractice however, is a highly specialized area of the law. If you’re thinking for filing a claim, it is recommended that you seek the guidance of a medical malpractice lawyer. Here’s what an experienced medical malpractice attorney can do for you.
- They will determine the value of your medical malpractice claim
It is important to understand the value of your case prior to proceeding with seeking compensation for your injuries and other damages. It isn’t uncommon for at-fault parties and the insurance companies that represent them to seek to minimize their losses by offering low settlements. An experienced attorney will assist you by estimating the value of your case. They will examine factors such as your past and future medical expenses, the loss of quality of life, lost wages, lost capacity to earn and more to determine how much you ought to pursue as compensation.
- They will handle all the paperwork
There’s a lot of paperwork involved in making a medical malpractice claim. You will need to fill out forms, read legal documents, file documents and respond to correspondence throughout the claims process. This can be frustrating and confusing especially if you are not familiar with legal jargon. You may even make mistakes that could jeopardize your claim.
An experienced attorney will handle all the paperwork on your behalf. They will do all the legwork including filing the claim and corresponding with the insurance company to recover compensation on your behalf. You can focus on your recovery and other aspects of your life as your attorney pursues your claim.
- They will conduct a thorough investigation
Proving a medical malpractice claim can be challenging. These cases often require extensive testimonies from medical specialists as well as healthcare and economic experts. You will also be required to provide supporting evidence including studies, diagnostic images and various records to show that your injuries were the result of medical malpractice as well as to demonstrate the extent of your injuries. This can be difficult for the average person to do. It is even harder when faced with a difficult recovery and the economic pressures that your injuries may impose.
Attorneys are familiar with the requirements of the law. They also have the skills and resources necessary to build a strong case on your behalf. They will refer to their vast network to acquire the expert testimony required to support your case. They will also gather and develop the evidence needed for your claim. You will have access to more resources when you choose to seek the services of an experienced medical malpractice attorney.
- They will negotiate on your behalf
A good majority of medical malpractice cases end with a settlement. It is important to have good negotiation skills to reach a reasonable settlement with the at-fault party and the insurance company that represents them. Insurance companies often take advantage of the lack of experience and lack of knowledge of medical malpractice victims to strong-arm them into accepting low-ball settlement offers.
However, this is not the case when the victim is represented by a reputable attorney. The presence of the attorney levels the playing field. An experienced medical malpractice attorney will have the skills and understanding of the law required to negotiate for a reasonable settlement. You will have a better chance of securing just compensation with an experienced attorney fighting in your corner.
- They will represent you in court
Most medical malpractice cases end with an out of court settlement. However, some cases do end up going to trial. If this occurs in your case, you will need to prepare your case and defend it in front of a judge or jury. This process can be complex.
An attorney with trial experience will help to improve the outcome of your case. They will develop your case and present evidence to the court. They will argue in support of your case and examine witnesses to build a strong case on your behalf. They will also refute evidence presented by the at-fault party.
If you’re thinking of filing a medical malpractice claim, contact us and schedule a free consultation with an attorney from our law firm to discuss your legal options.