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Finding The Right Medical Malpractice Attorney

From the viewpoint of most insurance companies and medical professionals, malpractice attorneys are ambulance chasers. Medical professionals are under a lot of pressure to avoid medical errors. If they make a mistake, they face the possibility of testifying in a courtroom. If they lose the case, their medical liability insurance premiums will skyrocket, or worse, they may lose coverage altogether.

Insurance companies are in the business to make a profit. When they lose a case, it affects their bottom line. It has been said that claims adjusters have a skewed view of attorneys. When they lose a case, they may pay damages that rise to millions of dollars. It is easy to see why they try to avoid courtrooms.

What is Medical Malpractice?

Medical liability claims results from injuries received through medical negligence. Patients injured through no fault of their own need an advocate on their side. Finding the right attorney is the first step in what could potentially be a long court battle. Patients or their representatives need to choose the right one. They need to take steps quickly after an injury because some states have a statute of limitations on injury cases. Some people may fear the high cost of attorney fees and choose to wait. However, most attorneys work on a contingency basis. This means they will accept a case with the idea that their payment will come out of the award.

Attorneys Specialize in Different Types of Law Cases

Most people have the idea that they can contact any attorney when they seek advice about the possibility of filing a lawsuit. This is not the case. Attorneys have as many specialties as doctors do. For a medical malpractice case, people need to contact a lawyer specializing in personal injury law.

The malpractice field is filled with attorneys who specialize in different types of personal injury cases. Those seeking their services should do some preliminary investigation before scheduling an appointment with one of these attorneys. Most of the time, a quick phone call can ensure that the claimant is speaking with an office that can handle their case.

Seek an Attorney Who Offers Free Initial Consultations

Most attorneys offer free consultations. Potential claimants should take advantage of these meetings to ask the right questions. Once an appointment is scheduled, the claimant should write down their questions in advance. Attorneys are often busy people. To ensure that a person chooses the right attorney, they have to ask the right questions.

There are several important things to consider when choosing an attorney. Does he or she have experience with the type of case that will be brought? Does the attorney understand current medical issues? What is the attorney’s success rate with previous trials of this type? Does he or she already have an established relationship with medical experts? The claimant should add other questions to this list as necessary.

Going to Trial Costs Thousands of Dollars

Most people believe that a medical error automatically gives them a case against the party that caused the injury. What these people don't understand is that lawyers must hire experts to testify in these types of cases and the experts must be compensated. Before a case is ready for trial, attorneys must also investigate the validity of the testimony and evidence to make sure that there is a good chance of winning. No attorney works for free, and if they proceed to trial they do so only after careful investigation, and thought. If they did not operate this way, they would not stay in business very long.

Attorneys do not accept every case that is brought before them. Because the costs involved in trials reach up to $100,000 or more, the attorney will only choose cases that have a good chance of success in court. If an attorney refuses to accept a client's case, the client may choose to visit with another attorney.

Sometimes, an attorney may choose to investigate before signing on to the case. In this event, the client will need to provide as much information as possible to help the attorney. They will need to gather all of their medical records, along with the names, dates, and places of all occurrences.

Once a case is accepted, the client needs to understand that the process will take a long time. Lawyers will thoroughly investigate the case before any motions are filed. If they choose to proceed with the case, clients should expect to make a deposition. They should not be afraid to answer very personal questions. If they refuse to answer anything, this could jeopardize the case.

Most of the time, a malpractice case is settled out of court. This means that the defendant and their representatives choose to pay an award settlement to avoid admitting error and going for a public trial.