A medical malpractice attorney assists you to sue a medical expert who made you sustain medical injury due to his/her irresponsibility and negligence while performing the medical duties such that he could have avoided the mishandling. The substandard care includes a failure to diagnose a particular disease. For you to win a lawsuit and get the compensation you deserve, you need a lawyer who will assist you prove the doctor’s negligence.
How to choose a medical malpractice attorney
- Carry out enough research for the best practicing attorney. You may also consult with your colleagues and well-wishers.
- Look for an attorney with ample experience in the relevant field.
- Get an attorney who is honest and will not use crooked ways of earning income. For example, one who does not charge upfront fees.
- Your medical malpractice attorney should be brave enough to face the court and confident in delivering your complaints. He should be ready to go to trial.
Categories, requirements and limitations of claims a medical practice attorney files
Attorneys file cases such as doctor’s failure to describe risks of given surgery and diagnosis. The other category is simple errors that have the serious impact on the patient such as prescription of a medication that is an allergen or incompatible with what a patient takes.
For an attorney to file a lawsuit, he must establish beyond reasonable doubt that there existed doctor’s negligence and a proof of the same be provided. Other legal requirements have been put in place.
Always, there will be a time limit within which the plaintiff has to file a lawsuit. If the period elapses, the patient or his lawyer cannot sue the defendant.
Misconceptions about medical malpractice attorney
Filing a substandard lawsuit.
Attorneys usually conduct thorough research before filing any lawsuit to look for ample evidence and satisfying reasons for plaintiff compensation.
Suing all witnesses at the scene of the event
According to medical malpractice attorney code of conduct, only those who are directly linked to client’s injury should be sued.
They charge at least two-third of the merit
The charge is thirty percent of the merit which decreases with increase in client’s recovery amount.
They dislike hospitals and medical workers
They will only sue those physicians who offer substandard services to patients. They also seek medical advice when unwell.
They have led to increased hospital’s insurance premiums and costs
Attorneys have little to do with these charges. Instead, law states doctors to pay for medical malpractice insurance policies.
They accept every case brought to them
Thorough investigation is carried out to determine the degree of merit.
They can settle a case in the absence of a patient
In any settlement, the client’s consent is required.
They can settle a child case if they have guardian’s consent
A trial court will always supervise and oversee the proceedings involving an under 18 person.
They are after pocketing lots of cash from insurers
Insurance companies will always hire best and competent lawyers to defend themselves in the whole process.
They prefer being tried
Some attorneys fear trials hence likelihood of lower settlement. An attorney who faces trial does his client justice.