If you're suffering from a serious or permanent injury that resulted from medical misconduct or doctor malpractice, you should see a medical lawyer or medical attorney in your area. There is a set of basic criteria to consider when choosing a medical lawyer or medical attorney.
Find a medical lawyer who has a track record of winning a lot of doctor malpractice settlements. They even have special certifications for lawyers in some states who focus on doctor malpractice and medical lawsuits. Your doctor malpractice claim is too important to be conducted by someone who does not know medical malpractice laws inside and out.
Select a medical lawyer who has experience negotiating large doctor malpractice settlements with medical providers' insurance companies. Negotiating entails industry-specific knowledge. Medical attorneys or medical lawyers know what certain doctor malpractice cases are worth and won't settle for inadequate compensation.
Choose a medical lawyer or attorney with experience taking doctor malpractice claims to trial. Although most medical lawsuits are settled out of court, there is always that possibility that your doctor malpractice claim may reach trial. This is can be attributed to the heavy burden of proof on the doctor malpractice plaintiff. Hiring an experienced medical lawyer gives you the best chance to succeed.
Choose a medical attorney whom you are comfortable working with. Always ask for references before making your decision final. Make sure the medical attorney explained to you the terms of your contract before signing it. Since the expenses associated with medical lawsuits can be very high, it is important to understand the difference between a contingent fee taken from net recovery and one taken from the gross recovery.
Lastly, bear in mind that you are the customer, and if you are not happy with the level of service provided by a medical lawyer you have the right to hire a new medical attorney.
Sunday, May 10, 2009
Saturday, May 9, 2009
Why medical attorneys need to assess the value of your case
Medical attorneys will make an initial assessment of value before they will decide to take on your case. During the initial meeting with your medical lawyer, the first thing your medical attorney will do is get a preliminary idea of the value of your case. Since it's so early in the case, your medical attorney will rarely share this information with you. Also at this preliminary stage, the chance that he will be wrong in making the assessment is too great, so your medical attorney might not tell you right away what his opinion is regarding your case. However, this is a vital step in the process.
Doctor malpractice cases are so expensive and time consuming that medical attorneys want to have some idea whether
What is a contingency fee?
A contingency fee simply means that the medical attorney will be paid by retaining a percentage of whatever you, as plaintiff, recover.
What's sad is that there are no good small value doctor malpractice cases. Every medical lawyer knows that even doctor malpractice cases that have only one expert witness, the costs can skyrocket to a staggering $50,000.
Now let's try an example. Suppose the case is valued at $150,000 and the medical attorney's contingency fee is one-third of that, this leaves the client with just $50,000. For the majority of medical attorneys, any doctor malpractice case or medical lawsuit where the medical lawyer gets more than what the client will be getting is a no take case.
Doctor malpractice cases are so expensive and time consuming that medical attorneys want to have some idea whether
- They'll get well compensated for the hard work ahead; and whether
- you'll be left with a reasonable recovery.
What is a contingency fee?
A contingency fee simply means that the medical attorney will be paid by retaining a percentage of whatever you, as plaintiff, recover.
What's sad is that there are no good small value doctor malpractice cases. Every medical lawyer knows that even doctor malpractice cases that have only one expert witness, the costs can skyrocket to a staggering $50,000.
Now let's try an example. Suppose the case is valued at $150,000 and the medical attorney's contingency fee is one-third of that, this leaves the client with just $50,000. For the majority of medical attorneys, any doctor malpractice case or medical lawsuit where the medical lawyer gets more than what the client will be getting is a no take case.
Medical lawyers must prove causation, not just malpractice
Previously, we discussed why medical lawyers consult experts, and we said it's because medical experts are needed to decide whether or not there is a doctor malpractice. Now another reason medical attorneys consult a medical expert is to have the records studied by him or her to see if there is causation.
What is causation?
In doctor malpractice cases or medical lawsuits, it is usually not enough that the medical expert thinks the defendant doctor made a mistake or has been negligent in treating the patient.
Even if the expert thinks that the doctor made a mistake, this is usually not enough. Most (perhaps all) states require proof that the mistake which the doctor made actually harmed his patient. In other words, it boils down to whether the outcome would have been the same had the patient gotten good care. If the outcome would have been the same regardless of whether or not the doctor exercised due diligence, then there is no case.
To illustrate the point, let's say there has been a delay in diagnosing an advanced cancer. If the medical expert thinks that the a patient's treatment and/or chance survival wouldn't have been any different if the cancer had been discovered when it should have, then there is no doctor malpractice case, and no medical attorney will take a case such as this.
What is causation?
In doctor malpractice cases or medical lawsuits, it is usually not enough that the medical expert thinks the defendant doctor made a mistake or has been negligent in treating the patient.
Even if the expert thinks that the doctor made a mistake, this is usually not enough. Most (perhaps all) states require proof that the mistake which the doctor made actually harmed his patient. In other words, it boils down to whether the outcome would have been the same had the patient gotten good care. If the outcome would have been the same regardless of whether or not the doctor exercised due diligence, then there is no case.
To illustrate the point, let's say there has been a delay in diagnosing an advanced cancer. If the medical expert thinks that the a patient's treatment and/or chance survival wouldn't have been any different if the cancer had been discovered when it should have, then there is no doctor malpractice case, and no medical attorney will take a case such as this.
Medical attorneys will consult experts to verify malpractice
Your medical attorneys will gather records to help them make an assessment regarding the merits and value of your doctor malpractice case. The medical lawyers will then bring these records to be reviewed by an expert to see whether there is a doctor malpractice.
Your medical attorney knows that you need at least one good expert to testify for you, otherwise your doctor malpractice case will not succeed. In fact at the outset of your case, one of the things your medical lawyer will immediately do is try to look for such an expert.
Sometimes your medical attorney will tell you who he's been talking to, but sometimes he won't. When he doesn't tell you about the expert, it's usually because he's just following the medical expert's wishes. Some experts do not want to receive calls from clients, especially when they have told the medical attorney that there's no malpractice. Some medical attorneys use physicians they know and have worked with. Other medical attorneys use services that provide a list of medical professionals and doctors who have agreed to look at doctor malpractice cases.
Usually, medical lawyers will choose a medical expert who is from the same field or area of specialty as the defendant doctor. The role of the expert here is try to decide whether or not the care that was rendered by the defendant deviated from the accepted standard of care.
What the medical expert will be doing basically is decide whether the defendant health care provider or doctor committed a significant error, either by his act (doing something) or omission (not doing something). Based on the expert witness' opinion about your doctor malpractice case, your medical attorney can now make an accurate evaluation about its merits and value.
Your medical attorney knows that you need at least one good expert to testify for you, otherwise your doctor malpractice case will not succeed. In fact at the outset of your case, one of the things your medical lawyer will immediately do is try to look for such an expert.
Sometimes your medical attorney will tell you who he's been talking to, but sometimes he won't. When he doesn't tell you about the expert, it's usually because he's just following the medical expert's wishes. Some experts do not want to receive calls from clients, especially when they have told the medical attorney that there's no malpractice. Some medical attorneys use physicians they know and have worked with. Other medical attorneys use services that provide a list of medical professionals and doctors who have agreed to look at doctor malpractice cases.
Usually, medical lawyers will choose a medical expert who is from the same field or area of specialty as the defendant doctor. The role of the expert here is try to decide whether or not the care that was rendered by the defendant deviated from the accepted standard of care.
What the medical expert will be doing basically is decide whether the defendant health care provider or doctor committed a significant error, either by his act (doing something) or omission (not doing something). Based on the expert witness' opinion about your doctor malpractice case, your medical attorney can now make an accurate evaluation about its merits and value.
Why medical attorneys gather records to evaluate your case
During your initial meeting, your medical attorneys will want to know the facts about your doctor malpractice case. Medical lawyers need this information to form an opinion about the merits and value of your doctor malpractice case. Medical attorneys will back up the information you supplied by gathering the records necessary for review.
Your medical lawyers will not stop at just learning what you, as client, remember. Your medical attorneys or medical lawyers will have to practically dig out your medical records to make an accurate evaluation of your doctor malpractice case. Your medical attorneys will study the entire chart, not just the part that seems relevant to you.
A doctor malpractice case or medical lawsuit is a big undertaking for any medical attorney. A medical lawsuit or doctor malpractice case entails hundreds of hours of work as well as tens or even hundreds of thousands of dollars in expenditures and other related costs.
The medical lawyer wants to be sure that he has all the vital facts, proof and evidence. The medical attorney will do all this to make sure that there is nothing that will derail an otherwise good doctor malpractice case. To start the process, your medical attorney will need to get complete copies of all of the records. It follows that if your doctor malpractice case involves imaging studies such as MRIs, X-rays, CT scans and other similar exams, your medical attorney will need to get copies of those films too.
Your medical lawyers will not stop at just learning what you, as client, remember. Your medical attorneys or medical lawyers will have to practically dig out your medical records to make an accurate evaluation of your doctor malpractice case. Your medical attorneys will study the entire chart, not just the part that seems relevant to you.
A doctor malpractice case or medical lawsuit is a big undertaking for any medical attorney. A medical lawsuit or doctor malpractice case entails hundreds of hours of work as well as tens or even hundreds of thousands of dollars in expenditures and other related costs.
The medical lawyer wants to be sure that he has all the vital facts, proof and evidence. The medical attorney will do all this to make sure that there is nothing that will derail an otherwise good doctor malpractice case. To start the process, your medical attorney will need to get complete copies of all of the records. It follows that if your doctor malpractice case involves imaging studies such as MRIs, X-rays, CT scans and other similar exams, your medical attorney will need to get copies of those films too.
Medical lawyers meet with clients to gather basic facts
Medical lawyers need to understand the reasons why you believe you have a doctor malpractice case. This is why medical attorneys meet with clients to gather facts about their client's doctor malpractice case. Medical lawyers greatly appreciate time lines as well as written summaries. Knowing about what you think went wrong will supply a point of reference by telling the medical attorney which records he needs to gather and for what period of time.
Your medical lawyer or medical attorney will ask you a lot of probing questions. Do not hold anything back from your medical lawyer. This will help your medical attorney understand what type of damages or physical injuries you sustained as a result of medical negligence of doctor malpractice.
Supplying your medical attorney vital facts about your doctor malpractice case or medical lawsuit as well as answering his questions as best as you can will allow your medical lawyer to make at least a preliminary assessment about what type of impact you, as a potential plaintiff, will have on a jury.
Medical attorneys know that regardless of how good the facts of your doctor malpractice case are, it will be worthless unless a jury will want to give you money at the end of the trial.
You need to understand that your prospective medical lawyer is evaluating you as a potential client as well as a witness during your initial meeting with the medical attorney. So don't take this meeting with your medical lawyer for granted. This is the time when you really need to focus on facts and give your medical attorney or medical lawyer the information he requires.
Your medical lawyer or medical attorney will ask you a lot of probing questions. Do not hold anything back from your medical lawyer. This will help your medical attorney understand what type of damages or physical injuries you sustained as a result of medical negligence of doctor malpractice.
Supplying your medical attorney vital facts about your doctor malpractice case or medical lawsuit as well as answering his questions as best as you can will allow your medical lawyer to make at least a preliminary assessment about what type of impact you, as a potential plaintiff, will have on a jury.
Medical attorneys know that regardless of how good the facts of your doctor malpractice case are, it will be worthless unless a jury will want to give you money at the end of the trial.
You need to understand that your prospective medical lawyer is evaluating you as a potential client as well as a witness during your initial meeting with the medical attorney. So don't take this meeting with your medical lawyer for granted. This is the time when you really need to focus on facts and give your medical attorney or medical lawyer the information he requires.
Friday, May 8, 2009
How medical attorneys evaluate malpractice cases
Medical attorneys evaluate doctor malpractice in a systematic step by step manner. However for most clients, doctor malpractice case evaluation can be a baffling process. Now, let's unravel some of the mystery surrounding medical lawsuits and how medical attorneys evaluate you doctor malpractice case.
Law differs from one state to another, however, the procedure your medical lawyer will follow to evaluate the merits of your doctor malpractice case should be pretty much uniform.
Law differs from one state to another, however, the procedure your medical lawyer will follow to evaluate the merits of your doctor malpractice case should be pretty much uniform.
- Medical lawyers meet with clients to gather basic facts;
- Medical attorneys will gather whatever records are necessary for review;
- Medical attorneys will consult an expert to see if there is doctor malpractice;
- Medical lawyers have the records examined by an expert whether causation exists; and
- Medical attorneys make an preliminary assessment of value.
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