Trying to seek compensation for medical malpractice can feel like a gamble will the hassle and stress be worth the chance of compensation? Fortunately, taking legal action over medical malpractice is a low-risk move for a victim, but it has the potential to bring substantial compensation your way.
Every medical malpractice claim has a different case value. A medical malpractice attorney needs to assess the details of your medical experience to identify your odds of winning a medical malpractice suit and your potential damages.
There are plenty of elements that impact winning a case. When you know what these are, you can better understand your chances of winning.
Ultimately, it takes consulting with a medical malpractice attorney to get a clear answer on whether your case might win. Of course, an experienced lawyer with a track record of success might give a far more optimistic assessment of your case than a lawyer with less experience.
What Counts as Medical Malpractice?
Medical malpractice is a broad term. It refers to avoidable injuries that result from the actions of healthcare providers. Certain avoidable accidents tend to occur most frequently in the healthcare field.
Some of the most common situations that give rise to a medical malpractice claim include:
- Incorrect surgical procedure
- Surgery on an incorrect body part
- Items left behind during surgery
- Prescription drug error
- Birth injury
- Misdiagnosis or failure to diagnosis
Injury is an important element of medical malpractice. It’s not enough for one of these incidents to have occurred the action must have harmed the patient.
Tips for Improving Your Case Outcome
Many factors directly impact your chances of success in a medical malpractice suit. Some of these factors fall outside the victim’s control. For example, the level of physical harm that results from a healthcare provider’s actions can impact whether your case is successful.
If a surgeon accidentally amputates the wrong limb, it’s hard for them to deny that negligence was a factor or that the harm done to you was significant. Similarly, if a healthcare provider has prior complaints or violations on record, it can help your outcome by showing they have a history of behaving questionably.
Since there are many factors in a case you don’t have control over, it’s important to take care of the elements you can control.
Choose an Experienced Lawyer
Picking an experienced lawyer with a track record of success in your type of medical malpractice case is the most important choice you can make. A lawyer with experience will know how to build the strongest argument for negligence and will help maximize your potential compensation.
Keep Careful Records
The more proof you can collect regarding your medical care, the stronger your case. Save any documentation you’re given. You can also request copies of your medical records and take notes of what is said to you during meetings with your healthcare provider.
Watch What You Say
Never attempt to represent yourself or directly communicate with an insurance company about injuries you suspect might be due to medical malpractice. Speak with a lawyer first, and then move forward based on their advice. Saying the wrong thing to an insurance agent can harm your chances of gaining compensation.
You should contact a lawyer immediately if you think you’ve been the victim of medical malpractice. Time limits for filing a lawsuit vary by state, and you put your case at risk when you wait to contact a lawyer.
Does Using a Lawyer Improve Your Chances of Winning a Medical Malpractice Case?
We cannot overemphasize that working with an experienced medical malpractice attorney often determines whether a case wins or loses.
You don’t just need a lawyer you need a good one. Medical malpractice is a complex area of personal injury law. This type of case involves a higher legal standard for proving negligence.
Healthcare providers must exhibit a professional standard of care. They can be held liable for medical malpractice only if you prove they violated this responsibility. Success depends largely on your lawyer’s combined ability to build a case proving medical negligence and accurately assess the full extent of the damage.
Is a Medical Malpractice Lawyer Worth the Cost?
Most medical malpractice attorneys offer free consultations. That means there’s nothing to lose by scheduling a meeting, but there might be a lot to gain.
Medical malpractice attorneys also usually work on contingency fees. They take payment only if they win your case, and their pay comes directly from the compensation money they win for you.
Although moving forward with legal action can feel daunting, it sounds more intimidating than it is. Many cases settle through negotiation rather than going to court, and your lawyer does the vast majority of the work for you.
Since there’s no financial obligation unless a case wins, you don’t have to worry about whether paying lawyer fees will be worth the outcome your lawyer only gets paid if you do. That means your medical malpractice lawyer has every incentive to win you as much money as possible.
What All Successful Medical Malpractice Claims Have in Common
No two medical malpractice suits are the same. However, all successful cases have something in common they begin with an initial consultation. If you never speak with a lawyer, your odds of winning are zero.
When you trust a healthcare provider to care for you and they violate that trust, they should be held accountable. Taking action prevents further harm from coming to others and compensates you for injuries that should never have happened.
Call a Medical Malpractice Lawyer Today
For many victims, medical malpractice results in lifelong medical expenses or excessive debt. Both of these outcomes can be financially ruinous and are avoidable when an experienced lawyer is fighting on your behalf.
If you suspect that medical negligence played a role in injuries sustained by yourself or a loved one, take the time to schedule a free consultation with a medical malpractice lawyer. You can’t know your options until you consult a professional and you might be surprised to find that the odds are in your favor.