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As a patient, you trust the healthcare provider to provide the best possible medical care for a condition. You expect them to adhere to their duty and take possible steps to mitigate the risks. Unfortunately, cases of medical malpractice are not rare in Utah. If you suffered the consequences of surgical error, misdiagnosis, or wrong treatment, you might have a claim against the doctor/surgeon, hospital, and other parties involved in your care. Learn more about medical malpractice lawsuits below.
Medical malpractice lawsuits are complex
You are the party filing the medical malpractice lawsuit, and therefore, you are responsible for providing evidence of negligence. Needless to say, such caases are inherently complex. You need solid information and a strong case to win a fair settlement. Also, you are fighting against people and institutions that have enormous resources and probably the best legal teams at their disposal. In other words, you must only proceed forward when your claim is worth the battle.
Call a medical malpractice lawyer
There are many injury lawyers that take up medical malpractice lawsuits and understand what it takes to evaluate a claim. Fortunately, most law firms don’t charge a fee to evaluate cases, and a skilled and seasoned lawyer can tell you whether your case qualifies for medical malpractice. They also know what evidence is likely to be admissible in court and whether the case can be backed by details. If you are meeting an attorney for the initial discussion, here are some questions you must ask:
• What are some of your recent medical malpractice lawsuits?
• What were the outcomes of those cases?
• Have you seen a case where the circumstances are similar to mine?
• What can I do to help you with the lawsuit?
• Are you personally representing me in the matter?
• If yes, how do I get in touch with you or ask for updates?
• What are some of your top settlements with regard to medical malpractice cases?
• Have you ever been to court for similar situations? How many years of trial experience do you have?
• Who else from the firm will be involved in my lawsuit? Can I have their contact details?
• What can you tell me about the things I can do to protect my interests?
Understanding lawsuits
How do you know whether you (or a loved one) are a victim of medical malpractice? There are several notable examples, including surgical errors, medication errors, failure to diagnose a condition, and ER errors. In many cases, a patient may have suffered because the doctor failed to explain the risks of a treatment plan. Each case of medical malpractice is unique and requires an accurate assessment. Your lawyer is your best bet for filing a lawsuit, and they can also help understand the worth of your damages. They will check whether your claim meets the criteria for such cases and if the evidence is sufficient to prove the medical professional’s negligent conduct.
Things your lawyer will do for you
There are several things that a medical malpractice attorney can do for your case, including:
• Check the circumstances and preliminary evidence, and review the possible reasons why things happened in a certain way. Personal injury claims have three essential factors – firstly, the defendant must have owed a “duty of care” to the party. Secondly, they must have breached that duty, and lastly, the breach or action resulted in injuries to the plaintiff. The lawyer will consider whether the case fulfills the essential requirements.
• Talk to experts. For medical malpractice lawsuits, lawyers often have to work with other experts and professionals in the same field for opinions. Because qualified lawyers have handled similar cases in the past, they probably have all the resources that one needs in such situations to prove fault. They may also rely on other cases and previous judgments against the defendant to bolster the case.
• Argue with insurance companies. Medical professionals often have the best legal teams and insurance companies behind them, and that often makes it hard to negotiate a settlement. Your lawyer knows what the damages are worth and whether the case should be settled through negotiations. They are also aware of the insurance tricks and can spot something before you are made to believe that the offer is fair.
• Take the case to trial. The chances are high that your medical malpractice case will end up at trial when the damages are significantly severe, or you have endured serious injuries or consequences that are likely to impact your future. Arguing the case in court is no easy job, but with an attorney on your side, you are more likely to get the right outcome.
• Keep your grounded. While injury lawyers are professionals who focus on recovering a settlement for clients, they are also great support. Understandably, you are dealing with a lot at this point, but the pressure will be lower when a lawyer is around to advise you on the dos and don’ts.
Cost of hiring a lawyer
The good news is most lawyers who specialize in personal injury law take up medical malpractice lawsuits without an upfront charge. You are required to pay a part of your settlement, which is due after you recover money. If you are in financial distress, talk to your lawyer, and they may help you with other expenses that are usually the client’s responsibility.
Hiring a medical malpractice lawyer may sound like an added financial burden, but with one, you may stand the chance of recovering what’s rightfully due for your injuries. As for the fee, the continency arrangement may include up to 40% of the final settlement as the lawyer’s fee, but you will pay a lot less if the case is unlikely to go to trial.
Final word
There is no one way of reviewing or fighting a case of medical malpractice. Numerous elements could have an influence on the outcome, and you need an attorney who is ready to consider all legal options. A capable injury lawyer knows that being aggressive is often the need of the hour.