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.
Showing posts with label medical lawyers. Show all posts
Showing posts with label medical lawyers. Show all posts
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.
Saturday, May 2, 2009
Medical attorneys' proof of your claim
One of your medical attorney's major tasks is proving your doctor malpractice claims. This is what a medical lawyer will do basically to protect your rights. In a lot of medical lawsuit cases, there is a need to retain a number of medical experts who will assess as well as substantiate your doctor malpractice claim. This is because your medical attorney or medical lawyer must prove the validity of your doctor malpractice claim.
Your medical attorneys or medical lawyers must prove a couple of things:
- Your doctor's care for you fell short of the acceptable standard. This is one of the most important things medical lawyers or medical attorneys must establish in court.
- Your medical condition worsened because of a medical error.
It is your medical attorneys' responsibility to work with credible experts and specialists to review your doctor malpractice case.
Usually, medical attorneys or medical lawyers will take on your doctor malpractice case on a contingency basis. This simply means that you need not pay your medical lawyers their medical attorney's fees until they have obtained a recovery for you in the form of damages and medical compensation. In most instances, when medical attorneys work on a contingency fee basis, you also do not have to pay for any out-of-pocket-costs or fees, and there will be no need for you to reimburse your medical attorneys unless your medical lawyers have won your case for you.
For more information about medical lawsuits or if you want to know more about your rights, schedule an appointment with a medical lawyer in your area.
Sunday, April 26, 2009
When you and your medical attorney disagree during the first meeting
If you during your first meeting with your medical attorney, the two of you do not agree on certain issues, then both of you should immediately start resolving potential problems. A smooth relationship with your medical attorney is vital to a successful medical lawsuit.
Ask your medical lawyer whether he will agree to arbitration should a serious dispute arise between you two. A common area of disagreement would be cost or expenses. This can be resolved if both parties are willing to come up with a solution that will benefit everyone.
In some states, it is compulsory for medical attorneys to agree to arbitrate certain types of disputes with their clients. A number of state bar associations do have arbitration committees. This committee is charged with the task of settling disputes between you and your medical attorney whatever they may be.
Ask your medical lawyer whether he will agree to arbitration should a serious dispute arise between you two. A common area of disagreement would be cost or expenses. This can be resolved if both parties are willing to come up with a solution that will benefit everyone.
In some states, it is compulsory for medical attorneys to agree to arbitrate certain types of disputes with their clients. A number of state bar associations do have arbitration committees. This committee is charged with the task of settling disputes between you and your medical attorney whatever they may be.
Will my medical attorney allow me to actively participate in my case?
If you're wondering whether your medical attorney will allow you to actively participate in your doctor malpractice case. Then the answer is yes.
It will be to your advantage if you actively participate in your doctor malpractice case. When you hire your medical lawyer, you are paying him to give you legal advice. Your medical attorney shouldn't be making any major decision about whether to push through or how to go about with the case without your consent.
Pay attention to whether the medical attorney seems willing and able to explain the doctor malpractice case to you. Does he answer your questions clearly and completely? Ask the medical attorney what information will be supplied to you.
In order to actively participate in your doctor malpractice case you need to also ask your medical lawyer in what manner and how often will you be kept informed about your case' progress. Will the medical attorney furnish you copies of documents that have to do with your case? Will it be possible for you to cut down on medical lawyer's fees and other costs by gathering documents or otherwise assisting in the effort? If so, then do it.
The more actively involved you are with your doctor malpractice case, the better you understand the process and the better prepared you will be whatever the outcome of your case.
It will be to your advantage if you actively participate in your doctor malpractice case. When you hire your medical lawyer, you are paying him to give you legal advice. Your medical attorney shouldn't be making any major decision about whether to push through or how to go about with the case without your consent.
Pay attention to whether the medical attorney seems willing and able to explain the doctor malpractice case to you. Does he answer your questions clearly and completely? Ask the medical attorney what information will be supplied to you.
In order to actively participate in your doctor malpractice case you need to also ask your medical lawyer in what manner and how often will you be kept informed about your case' progress. Will the medical attorney furnish you copies of documents that have to do with your case? Will it be possible for you to cut down on medical lawyer's fees and other costs by gathering documents or otherwise assisting in the effort? If so, then do it.
The more actively involved you are with your doctor malpractice case, the better you understand the process and the better prepared you will be whatever the outcome of your case.
Questions for your prospective medical attorney
When meeting your prospective medical attorney for the first time, the first thing you'd probably want to ask about is the possible outcome of your doctor malpractice case.
This is a good question to ask any medical lawyer. However, beware of medical attorneys who guarantee a big settlement or assure a victory. Keep in mind that basically there are two sides to every legal issue. In addition, there are a lot of other factors that can affect the resolution of your medical lawsuit.
Go ahead and ask for the medical attorney's opinion of your doctor malpractice case's. What does the medical lawyer think your case' strengths and weaknesses are? As a follow-up question, you might want to know whether the medical lawyer thinks the medical lawsuit will settle out of court or go to trial.
How will settlement or going to trial be advantageous or disadvantageous to you? What type of experience does the medical attorney have regarding medical lawsuit trial? Last but not least, ask the medical attorney whether or not he will be willing to appeal the decision in case you lose the medical lawsuit.
The answers to these questions should give you a pretty good idea of how well the medical attorney will be handling your doctor malpractice case if and when you hire him. If in doubt, consult other medical lawyers. Get a second or third opinion about your case.
This is a good question to ask any medical lawyer. However, beware of medical attorneys who guarantee a big settlement or assure a victory. Keep in mind that basically there are two sides to every legal issue. In addition, there are a lot of other factors that can affect the resolution of your medical lawsuit.
Go ahead and ask for the medical attorney's opinion of your doctor malpractice case's. What does the medical lawyer think your case' strengths and weaknesses are? As a follow-up question, you might want to know whether the medical lawyer thinks the medical lawsuit will settle out of court or go to trial.
How will settlement or going to trial be advantageous or disadvantageous to you? What type of experience does the medical attorney have regarding medical lawsuit trial? Last but not least, ask the medical attorney whether or not he will be willing to appeal the decision in case you lose the medical lawsuit.
The answers to these questions should give you a pretty good idea of how well the medical attorney will be handling your doctor malpractice case if and when you hire him. If in doubt, consult other medical lawyers. Get a second or third opinion about your case.
Saturday, April 25, 2009
Why medical lawyers sometimes refer you to other medical attorneys
There will be times when your medical attorney will refer your doctor malpractice case to another medical lawyer. When this happens, take it easy. This doesn't mean that your medical lawyer is taking your case for granted or is not interested in it.
Sometimes, a medical attorney will suggest that another medical lawyer, either in the same firm or outside, handle your medical lawsuit. It could be that the original medical attorney is too busy to give your doctor malpractice case the full attention it deserves. Maybe your problem requires another medical attorney's expertise.
While, nobody likes to feel that his or her doctor malpractice case is being shifted to another medical lawyer, most reassignments within firms happen for a good and valid reason.
The best thing that you can do when this happens is to meet your new medical lawyer as soon as possible and make sure that you are comfortable with him.
Sometimes, a medical attorney will suggest that another medical lawyer, either in the same firm or outside, handle your medical lawsuit. It could be that the original medical attorney is too busy to give your doctor malpractice case the full attention it deserves. Maybe your problem requires another medical attorney's expertise.
While, nobody likes to feel that his or her doctor malpractice case is being shifted to another medical lawyer, most reassignments within firms happen for a good and valid reason.
The best thing that you can do when this happens is to meet your new medical lawyer as soon as possible and make sure that you are comfortable with him.
Sunday, April 19, 2009
How medical attorneys deal with cosmetic malpractice cases
Every medical attorney or lawyer knows that cosmetic malpractice cases are different from the usual doctor malpractice cases. Any medical lawyer will tell you that if you have received cosmetic surgery and the results are not satisfactory, it can be a terrible thing to have to deal with. You may even feel that you have a cosmetic malpractice case against the doctor who performed the surgery. If so, it is most definitely worth it to have a consultation with a medical attorney; however, cosmetic malpractice cases rarely win. There are several reasons why this is so.
Risks regarding surgery
With every type of surgery – including cosmetic surgery, there are risks involved. From severe swelling and bruising to the inability for the wound to heal correctly, there are always going to be risks. Individuals who go through surgery are typically aware of the types of risks involved and therefore, juries are not usually sympathetic. However, this is not always the case. Depending upon what happened to you, you may still have a cosmetic malpractice case.
What the jury and the judge will typically look at is whether the doctor was in some way negligent or if the injuries that were sustained happened due to the normal risks that are involved in these types of surgeries and procedures.
Distinguishing horrible but naturally occurring injuries related to surgery from something that could have easily been prevented by the doctor is sometimes difficult.
Cosmetic malpractice cases seldom reach trial. One of the reason doctor malpractice cases of this kind don’t win often is because insurance companies typically settle with the cases they think they will lose. For this reason, most cosmetic malpractice cases are settled out of court. If the insurance company isn’t ready to settle your case out of court, you can bet that they are quite sure they will win the case. A case that is allowed to go to court by the insurance company is not likely to come out in favor of the plaintiff.
In some cases, individuals who may have a medical malpractice case who cannot agree on the settlement terms may go into arbitration or mediation with the defendant. This is another option for settling things and making both parties satisfied. Whether or not to proceed with this type of arrangement depends entirely upon the case and what kinds of injuries were sustained.
Cosmetic-related doctor malpractice cases that make it to trial are unlikely to have a positive outcome for one simple reason: Juries are notoriously unsympathetic to victims of cosmetic surgery errors, because they feel the victim brought it upon his or herself.
However, there are cases where the claim is legitimate, and juries may recognize that. Only a qualified medical lawyer can tell you if you have a meritorious case or not.
What to do when you're not sure
Most of the time, having a consultation with a medical malpractice attorney is enough to help you realize whether or not you have a chance at winning your case. Medical attorneys are well versed in the laws and in which cases have a chance of winning or not. Meeting with an attorney can help clear up your questions and if the medical lawyer believes you have a shot, you can decide from there what route you want to take.
Risks regarding surgery
With every type of surgery – including cosmetic surgery, there are risks involved. From severe swelling and bruising to the inability for the wound to heal correctly, there are always going to be risks. Individuals who go through surgery are typically aware of the types of risks involved and therefore, juries are not usually sympathetic. However, this is not always the case. Depending upon what happened to you, you may still have a cosmetic malpractice case.
What the jury and the judge will typically look at is whether the doctor was in some way negligent or if the injuries that were sustained happened due to the normal risks that are involved in these types of surgeries and procedures.
Distinguishing horrible but naturally occurring injuries related to surgery from something that could have easily been prevented by the doctor is sometimes difficult.
Cosmetic malpractice cases seldom reach trial. One of the reason doctor malpractice cases of this kind don’t win often is because insurance companies typically settle with the cases they think they will lose. For this reason, most cosmetic malpractice cases are settled out of court. If the insurance company isn’t ready to settle your case out of court, you can bet that they are quite sure they will win the case. A case that is allowed to go to court by the insurance company is not likely to come out in favor of the plaintiff.
In some cases, individuals who may have a medical malpractice case who cannot agree on the settlement terms may go into arbitration or mediation with the defendant. This is another option for settling things and making both parties satisfied. Whether or not to proceed with this type of arrangement depends entirely upon the case and what kinds of injuries were sustained.
Cosmetic-related doctor malpractice cases that make it to trial are unlikely to have a positive outcome for one simple reason: Juries are notoriously unsympathetic to victims of cosmetic surgery errors, because they feel the victim brought it upon his or herself.
However, there are cases where the claim is legitimate, and juries may recognize that. Only a qualified medical lawyer can tell you if you have a meritorious case or not.
What to do when you're not sure
Most of the time, having a consultation with a medical malpractice attorney is enough to help you realize whether or not you have a chance at winning your case. Medical attorneys are well versed in the laws and in which cases have a chance of winning or not. Meeting with an attorney can help clear up your questions and if the medical lawyer believes you have a shot, you can decide from there what route you want to take.
Questions to ask your medical attorney
What sort of questions should you ask a medical attorney?
Ask your medical attorney or lawyer if staff such as paralegals or law clerks will be used in researching or preparing the case. If so, you need to ask your medical attorney further questions:
- Ask the medical lawyer about his or her experience and areas of practice.
- How long has the medical attorney and the law firm been practicing law?
- What kinds of legal problems does the lawyer handle most often?
- Are most clients individuals or businesses?
Ask your medical attorney or lawyer if staff such as paralegals or law clerks will be used in researching or preparing the case. If so, you need to ask your medical attorney further questions:
- Will there be separate charges for their services?
- Who will be consulted if the medical lawyer is unsure about some aspects of your medical lawsuit?
- Will the medical lawyer recommend another medical attorney or firm if he or she is unable to handle your doctor malpractice case?
Meeting your medical lawyer for the first time
Before you decide to hire your medical lawyer, it's best to meet him first. Usually, a medical attorney will meet with you briefly or talk with you by phone so you two can get acquainted.
This is your chance to talk with your prospective medical lawyer before making your hiring decision final. Medical attorneys, in many cases, do not charge for an initial consultation. However, just to be safe, ask the medical lawyer about fees before meeting him for the first time.
During this meeting, you can decide whether you want to hire that lawyer. A lot of people feel intimidated by lawyers. Bear in mind, however, that you're the one doing the hiring, and the most important thing to consider is that you're satisfied with what you're getting for your money. Before you make any decisions whether or not to hire the medical attorney, you might want to ask him certain questions to aid in your evaluation.
This is your chance to talk with your prospective medical lawyer before making your hiring decision final. Medical attorneys, in many cases, do not charge for an initial consultation. However, just to be safe, ask the medical lawyer about fees before meeting him for the first time.
During this meeting, you can decide whether you want to hire that lawyer. A lot of people feel intimidated by lawyers. Bear in mind, however, that you're the one doing the hiring, and the most important thing to consider is that you're satisfied with what you're getting for your money. Before you make any decisions whether or not to hire the medical attorney, you might want to ask him certain questions to aid in your evaluation.
Saturday, April 18, 2009
What's a damages cap? How do medical attorneys deal with it?
Some states do not allow medical attorneys or judges to inform the jurors about damages cap. The reason for this rule is to prevent jurors from changing their decision about other compensation for the doctor malpractice victim. This keeps the legal process fair for both you and the doctor.
A damages cap limits the amount of money a jury may award to you in a malpractice case. The damages cap varies by state. Some states do not cap damages at all, claiming that to do so would violate that state's constitution. Indiana caps damages at $500,000, while California caps damages at $250,000. States may put a limit on punitive damages only, or on both punitive damages and any money that compensates you for your injury alone. Putting caps on damages is a hot topic in legal and political circles. The type of cap may vary from state to state, but look for more states to put a cap on damages in the coming years.
If you live in a state that has a $100,000 cap on damages and the jury learns about it, they might decide that you suffered a minor injury. The jury may start with the $100,000 and decide that you deserve only about a quarter of that because your injury was minor. That leaves you with $25,000.
If the jury had not known about the cap, they might have started with a figure of $500,000 and awarded you a quarter of that, which is $125,000. Because of the cap, you would only receive $100,000 of that award, but that would still be much more than the $25,000 you would have gotten if the jury knew of the cap.
On the other hand, it is not fair for the jury to award you a million dollars simply because they think the doctor's insurance will cover it, regardless of whether the doctor actually caused your injury. A sympathetic jury is not always a fair jury. The damages cap may protect the doctor from a jury that is disproportionately sympathetic toward you.
A damages cap limits the amount of money a jury may award to you in a malpractice case. The damages cap varies by state. Some states do not cap damages at all, claiming that to do so would violate that state's constitution. Indiana caps damages at $500,000, while California caps damages at $250,000. States may put a limit on punitive damages only, or on both punitive damages and any money that compensates you for your injury alone. Putting caps on damages is a hot topic in legal and political circles. The type of cap may vary from state to state, but look for more states to put a cap on damages in the coming years.
If you live in a state that has a $100,000 cap on damages and the jury learns about it, they might decide that you suffered a minor injury. The jury may start with the $100,000 and decide that you deserve only about a quarter of that because your injury was minor. That leaves you with $25,000.
If the jury had not known about the cap, they might have started with a figure of $500,000 and awarded you a quarter of that, which is $125,000. Because of the cap, you would only receive $100,000 of that award, but that would still be much more than the $25,000 you would have gotten if the jury knew of the cap.
On the other hand, it is not fair for the jury to award you a million dollars simply because they think the doctor's insurance will cover it, regardless of whether the doctor actually caused your injury. A sympathetic jury is not always a fair jury. The damages cap may protect the doctor from a jury that is disproportionately sympathetic toward you.
Medical attorneys, medical lawsuits and medical compensation
If you believe that you have been a victim of doctor malpractice, then you need to see a medical attorney as soon as possible. Often, the health care community will make you believe that medical lawsuits are nothing but frivolous claims. Because of this, most of us are blinded to the fact that for most doctor malpractice victims, the only person they can run to for help is their medical lawyer.
Usually, medical lawsuits are the only means to file grievances and ask for medical compensation.
By filing a medical lawsuit, medical attorneys can help doctor malpractice victims recover damages and receive medical compensation. The filing of medical lawsuits by medical lawyers in effect holds medical professionals accountable and encourages monitoring of health care by individuals as well as organizations.
Statute of limitations
The law sets a time limit within which to file a medical lawsuit or doctor malpractice claim. It is called the medical malpractice statute of limitations. If you failed to comply with the applicable statute of your particular area or state, this could prevent you from making a valid claim and might prevent you from ever recovering damages for any of your injuries.
For further information talk to a medical attorney in your area. Medical lawsuits seek to establish an expected standard of care for the location and type of facility where the alleged doctor malpractice took place. After establishing the standard of care, medical attorneys must prove that that standard was breached, that the breach caused or greatly contributed to an injury or death, and that the doctor malpractice victim is therefore entitled to medical compensation.
For medical lawyers or attorneys, medical malpractice lawsuits are often costly and time-consuming, due in part to the requirement for expert witness testimony. Additionally, doctor malpractice lawsuits require that the medical attorney obtain copies of all of the patient's medical records, which can take weeks or months.
Most medical attorneys take medical lawsuits on a contingency basis. In other words clients don't have to pay their medical lawyers unless the medical lawsuit is won. This is intended to prevent medical attorneys from taking advantage of people, but also means that medical lawsuits may be turned down even if they have merit, if medical lawyers are not willing to take the risk.
Most medical lawsuits never reach trial. Usually, a settlement is reached in advance of actual court proceedings. All parties in medical lawsuits have an opportunity to benefit from a settlement. Settlement allows the defendant to avoid a costly and potentially embarrassing court trial, and settlements are usually for less than the amount originally asked by the plaintiff.
Medical attorneys or medical lawyers, through the filing of a medical lawsuit, can help doctor malpractice victims recover funds associated with medical care, hospitalization costs, lost wages, quality of life, pain and suffering, and punitive damages.
Usually, medical lawsuits are the only means to file grievances and ask for medical compensation.
By filing a medical lawsuit, medical attorneys can help doctor malpractice victims recover damages and receive medical compensation. The filing of medical lawsuits by medical lawyers in effect holds medical professionals accountable and encourages monitoring of health care by individuals as well as organizations.
Statute of limitations
The law sets a time limit within which to file a medical lawsuit or doctor malpractice claim. It is called the medical malpractice statute of limitations. If you failed to comply with the applicable statute of your particular area or state, this could prevent you from making a valid claim and might prevent you from ever recovering damages for any of your injuries.
For further information talk to a medical attorney in your area. Medical lawsuits seek to establish an expected standard of care for the location and type of facility where the alleged doctor malpractice took place. After establishing the standard of care, medical attorneys must prove that that standard was breached, that the breach caused or greatly contributed to an injury or death, and that the doctor malpractice victim is therefore entitled to medical compensation.
For medical lawyers or attorneys, medical malpractice lawsuits are often costly and time-consuming, due in part to the requirement for expert witness testimony. Additionally, doctor malpractice lawsuits require that the medical attorney obtain copies of all of the patient's medical records, which can take weeks or months.
Most medical attorneys take medical lawsuits on a contingency basis. In other words clients don't have to pay their medical lawyers unless the medical lawsuit is won. This is intended to prevent medical attorneys from taking advantage of people, but also means that medical lawsuits may be turned down even if they have merit, if medical lawyers are not willing to take the risk.
Most medical lawsuits never reach trial. Usually, a settlement is reached in advance of actual court proceedings. All parties in medical lawsuits have an opportunity to benefit from a settlement. Settlement allows the defendant to avoid a costly and potentially embarrassing court trial, and settlements are usually for less than the amount originally asked by the plaintiff.
Medical attorneys or medical lawyers, through the filing of a medical lawsuit, can help doctor malpractice victims recover funds associated with medical care, hospitalization costs, lost wages, quality of life, pain and suffering, and punitive damages.
Monday, April 13, 2009
Documents your medical attorneys need to see
When you meet with your medical attorneys to discuss a medical lawsuit which you may have against a doctor and other healthcare provider or hospital, there is only so much that you can actually tell your medical lawyer. However, you can show your medical attorney relevant documents that will help prove your doctor malpractice.
Here is a list of documents your medical lawyer might need to see:
- Your medical records;
- Your mental health records;
- Prescription medicine information;
- Your insurance information;
- Hospital and medical provider invoices and bills;
- Evidence of lost wages;
- Documents received from the defendant; and
- Any other document relating to your claim.
If you have sought treatment from mental health professionals such as psychologists, psychiatrists, or psychotherapists, your medical lawyer will need to review those records whether or not you claim that the need for the treatment was related to your illness or medical condition. As with medical records, be able to provide your medical attorney with your record, or with a listing of your mental health care providers.
If you have a serious illness or disease, or if you have been hospitalized, it is likely that you are either on or have been on some type of prescription medication or medications. Your medical attorney will need to know the names of any prescription medications which you have taken, including the dosage. While you may be able to tell your medical lawyer this information or while she may be able to find it out by poring through your medical records, you can also show your medical attorney your prescription medications.
If you have any type of health or disability insurance, it is important that your medical attorney knows about it. Hand your medical lawyer copies of your health or disability insurance policy or, in the case of a group plan of insurance, a copy of your certificate of coverage or participation. This will enable your medical lawyer to review the scope of your health insurance coverage.
If you have health insurance, chances are that your insurance will pay for some or all of your doctor and hospital bills. However, those payments may also be denied for a variety of reasons. Whether you are covered by insurance or not, your medical attorney will be interested in seeing how much you, or your insurance company, were charged for medical care and treatment. Keep copies of any invoices or bills that you receive and provide them to your medical lawyer.
If you have lost time from work as a result of your illness your medical attorney may be able to help you recover some of that loss. Some types of health insurance allow coverage for lost wages or profits. In other situations, your medical attorney may try to collect those lost wages or profits directly from the defendant in your medical lawsuit. Either way, your medical lawyer will need to prove that you actually suffered a wage loss and that it was caused by your illness or hospitalization. One of the easiest ways to prove lost wages is to compare earnings from the periods before and after you were sick or hospitalized. Provide your medical lawyer with these wage records. If you do not have your wage records or pay stubs, your medical attorney will be able to request them from your employer on your behalf.
If you have received any documents from the defendant, make sure that you keep them and provide them to your medical attorney. This will enable your medical attorney obtain proof or knowledge of things the defendant admits to be true. Such documents may provide your medical lawyer with an idea of the liability of the defendant, if any.
If there are other documents relevant to your medical lawsuit, show them to your medical attorney. It may not make a win-or-lose difference in your medical lawsuit, but it will provide your medical lawyer with information about you and your history.
Thursday, April 9, 2009
Types of medical attorney's fees
The type of fee arrangement that you make with your medical lawyer will have a significant impact on how much you will pay for the services.
Several factors affect legal fees. They include the amount of time your medical lawyer spent on your problem; your medical attorney's ability, experience and reputation; the novelty and difficulty of the doctor malpractice case; the results obtained; and the costs involved.
Other factors that may effect the medical attorney's fee charged should also be considered such as your medical lawyer's overhead expenses, e.g., rent, utilities, office equipment, computers, etc.
In doctor malpractice cases, there is usually no fee or cost to you to have your case evaluated by qualified medical attorneys. However, you should still check whether you will be charged for this initial meeting.
Most medical lawyers charge on a contingency basis. A contingency fee is based on a percentage of the amount awarded in the case. If you lose the case, the lawyer does not get a fee, but you will still have to pay expenses. Contingency fee percentages vary . A one-third fee is common. Some lawyers offer a sliding scale based on how far along the case has progressed before it is settled.
Courts may set a limit on the amount of a contingency fee a medical attorney can receive. This type of fee arrangement may be charged not only in doctor malpractice and personal injury cases, but also in property damage cases, or other cases involving a large sum of money.
Several factors affect legal fees. They include the amount of time your medical lawyer spent on your problem; your medical attorney's ability, experience and reputation; the novelty and difficulty of the doctor malpractice case; the results obtained; and the costs involved.
Other factors that may effect the medical attorney's fee charged should also be considered such as your medical lawyer's overhead expenses, e.g., rent, utilities, office equipment, computers, etc.
In doctor malpractice cases, there is usually no fee or cost to you to have your case evaluated by qualified medical attorneys. However, you should still check whether you will be charged for this initial meeting.
Most medical lawyers charge on a contingency basis. A contingency fee is based on a percentage of the amount awarded in the case. If you lose the case, the lawyer does not get a fee, but you will still have to pay expenses. Contingency fee percentages vary . A one-third fee is common. Some lawyers offer a sliding scale based on how far along the case has progressed before it is settled.
Courts may set a limit on the amount of a contingency fee a medical attorney can receive. This type of fee arrangement may be charged not only in doctor malpractice and personal injury cases, but also in property damage cases, or other cases involving a large sum of money.
How medical lawyers determine doctor malpractice liability
Many people erroneously think that just because something goes wrong with a medical procedure it entitles them to see a medical attorney and file a medical lawsuit. The sad truth is it's not easy to sue your doctor and win a medical lawsuit.
Medical lawyers tend to warn prospective clients that medical lawsuits are extremely tough to win. Medical attorneys need to consider three important factors before he decides if your doctor malpractice case is worth pursuing. These are: liability, damages, and who's going to pay the damages.
How do medical attorneys determine if someone is "liable" for medical negligence or doctor malpractice? The first thing a medical lawyer would do is conduct some investigation to determine whether a health care provider or a doctor was negligent, and if so, whether that negligence caused the injury.
Note: Just because the procedure or treatment turned out poorly does not necessarily mean that a doctor or health care provider was negligent.
There are three key factors that determine negligence:
Medical lawyers will not stop at proving only the doctor's negligence, but will probe further in order to know whether or not the negligence caused or worsened the patient's condition. For instance, a case that involves misdiagnosis of cancer that caused a patient's death, the doctor may successfully defend himself by proving that the illness was terminal and that nothing could have been done anyway.
Once your medical attorney has established liability you are entitled to damages, which can include medical compensation, lost wages as well as pain and suffering. The damages may cover losses you've already suffered as well as future medical bills and lost wages.
Damages vary widely depending on each person's situation - even two people of the same age who both lose their right index fingers through botched surgical procedures may see very different outcomes. The amount of damages they will receive depends on how the injury affects their earning potential and quality of life. So a professional guitarist may get more for a missing finger than a lawyer and confirmed couch potato whose life won't be as disrupted.
A good medical attorney who takes a look at the witnesses, the individual and the medical circumstances can estimate the potential damage awards.
Damages must be substantial for medical lawyers to take on a case, because of the huge expenses involved - it's not unusual for a medical attorney to dole out $30,000 to $50,000 before the case is resolved.
Many medical lawsuits require two or three doctors to serve as expert witnesses to support the injured patient's case - doctors who may charge upwards of $1,500 an hour to review records or answer a medical attorneys' questions.
Doctor malpractice claims tend to be a fight to the death; they're settled less often than most other cases, which means more time and expense.
Even if you decide you can establish liability, the person or organization you're suing must have the resources to pay damages for your case to be worthwhile. Usually, this isn't an issue in the case of a doctor, hospital or clinic. The vast majority of health care providers are insured and the insurance company steps in to cover the loss in the event of a medical malpractice claim.
Keep in mind that you have a deadline to file your claim. The statute of limitations varies by state but is typically about two years. That time often starts running at the moment of the negligent act, but other factors may come into play, such as when you learned of the negligence and when you stopped receiving treatment.
Medical lawyers tend to warn prospective clients that medical lawsuits are extremely tough to win. Medical attorneys need to consider three important factors before he decides if your doctor malpractice case is worth pursuing. These are: liability, damages, and who's going to pay the damages.
How do medical attorneys determine if someone is "liable" for medical negligence or doctor malpractice? The first thing a medical lawyer would do is conduct some investigation to determine whether a health care provider or a doctor was negligent, and if so, whether that negligence caused the injury.
Note: Just because the procedure or treatment turned out poorly does not necessarily mean that a doctor or health care provider was negligent.
There are three key factors that determine negligence:
- The accepted standard of care;
- whether that standard was followed; and
- if the standard of care was not followed, whether the failure to follow that standard caused the injury.
Medical lawyers will not stop at proving only the doctor's negligence, but will probe further in order to know whether or not the negligence caused or worsened the patient's condition. For instance, a case that involves misdiagnosis of cancer that caused a patient's death, the doctor may successfully defend himself by proving that the illness was terminal and that nothing could have been done anyway.
Once your medical attorney has established liability you are entitled to damages, which can include medical compensation, lost wages as well as pain and suffering. The damages may cover losses you've already suffered as well as future medical bills and lost wages.
Damages vary widely depending on each person's situation - even two people of the same age who both lose their right index fingers through botched surgical procedures may see very different outcomes. The amount of damages they will receive depends on how the injury affects their earning potential and quality of life. So a professional guitarist may get more for a missing finger than a lawyer and confirmed couch potato whose life won't be as disrupted.
A good medical attorney who takes a look at the witnesses, the individual and the medical circumstances can estimate the potential damage awards.
Damages must be substantial for medical lawyers to take on a case, because of the huge expenses involved - it's not unusual for a medical attorney to dole out $30,000 to $50,000 before the case is resolved.
Many medical lawsuits require two or three doctors to serve as expert witnesses to support the injured patient's case - doctors who may charge upwards of $1,500 an hour to review records or answer a medical attorneys' questions.
Doctor malpractice claims tend to be a fight to the death; they're settled less often than most other cases, which means more time and expense.
Even if you decide you can establish liability, the person or organization you're suing must have the resources to pay damages for your case to be worthwhile. Usually, this isn't an issue in the case of a doctor, hospital or clinic. The vast majority of health care providers are insured and the insurance company steps in to cover the loss in the event of a medical malpractice claim.
Keep in mind that you have a deadline to file your claim. The statute of limitations varies by state but is typically about two years. That time often starts running at the moment of the negligent act, but other factors may come into play, such as when you learned of the negligence and when you stopped receiving treatment.
Subscribe to:
Posts (Atom)