Just because a medical practitioner did a mistake about your treatment and care doesn’t amount to medical malpractice. As the plaintiff or the complaint, you need to establish a number of things before filing for a medical malpractice lawsuit.
Once you do your own research, you’ll find out that proving a medical malpractice case is quite tough. Primarily because as patients, we have an intrinsic duty to trust our doctors. Because of these complexities, you may need to hire the services of a competent medical malpractice lawyer in Miami.
Here are some key considerations to make when looking for a malpractice attorney.
You need to know that lawyers have different and specific areas of expertise. For this, you need to be careful about the attorney you hire to represent you in this case.
Most attorneys practice on cases that relate to general law. As such, they can represent you in divorce and separation cases. But medical malpractices cases are quite complex.
As such, you need to ask the lawyer about their experience in medical malpractice. Also, don’t forget that some attorneys only offer their services to doctors. As such, they may not be very helpful in your case.
If you want your case to be successful in court, engage a lawyer who is conversant with medical practices. Choose someone who is able to spot medical errors in your medical reports and any other mistakes that your doctor may have made.
As such, your attorney needs to identify what the doctors did wrong. They should also be able to tell the type of treatment you should have received.
Well, while your lawyer may be conversant with medical practices, the jury or the judge may not. As such, case determination is dependent on the presence or absence of medical witnesses.
A medical witness is a neutral party to the case. Their role is to clarify to the court that the injuries you incurred were due to negligent actions of your doctor.
In some states, you cannot file for a medical malpractice case without a competent medical witness. Ensure the lawyer you engage is capable of offering the services you seek.
Most people don’t file for medical malpractices suits due to the high costs involved. You may already be dealing with staggering medical expenses. As such, most medical malpractice lawyers charge contingency rates rather by hours.
This means that the attorneys will benefit from your total settlement. In most cases, it’s always a percentage or a fraction of the entire amount. The good thing with these attorneys is that they don’t charge anything if you lose the case.
Very few medical malpractices suits are solved out of court. In most cases, they proceed to trial and some go up to the verdict by a jury.
As such, you need an aggressive lawyer to push the case through to completion. Do a background check to identify the cases an attorney has handled and the ones that have been successful?