Medical malpractice, ranging from misdiagnoses and surgical errors to medication mistakes and birth injuries, can cause a catastrophic effect.
In such a difficult situation, the most important step to take is to hire a qualified medical malpractice lawyer. This will become the way to seeking justice and fair compensation.
But if you pick the wrong attorney or conduct unavoidably common mistakes during the hiring process, it will lead to the situation where your case may be seriously jeopardized.
Not all lawyers can provide the same amount of experience, resources, and commitment to complex malpractice claims as they do to simple cases.
The cases of medical malpractice are going to be very difficult. Why? Well, that’s because they require a deep understanding of both the medical and legal systems. Apart from that, you also need to have chances to use the experts’ witnesses and get evidence.
And here are some of these 5 common mistakes that you can easily avoid. Thus, not to hook upon mistakes and prevent having trouble in the further process of finding a medical malpractice lawyer.
Most Common Mistakes To Avoid When Hiring a Medical Malpractice Lawyer
Here are some of the mistakes that you should avoid when hiring a medical malpractice lawyer:
1. Hiring a General Practice Attorney Instead of a Specialist
People’s biggest and most frequent mistake is to hire a general practice lawyer who is not a medical malpractice specialist.
Medical malpractice law is a highly specialized domain and the lawyer must have the medical standards, hospital procedure, and expert witness knowledge in order to be successful.
The general practitioner may still be good in various areas of the law. However, it is not the case that they possess the necessary skills and knowledge to fully and successfully deal with a malpractice case.
If you are interviewing some attorneys, you need to specifically ask them about their experience in malpractice claims.
2. Failing to Check the Lawyer’s Track Record
Medical malpractice lawyers are not always equal in terms of their capabilities and success rate.
Nowadays, the clients are so much busy with their personal lives that they forget the importance of an attorney’s past performances in research that can give them a deep insight into their capabilities.
No medical malpractice attorney can promise you a specific result, but a good record of winning verdicts and settlements indicates that they are experienced in case-building and in the art of negotiation.
Request annexes of their last malpractice cases. These will indicate if those cases were tried in court or if they have been settled through negotiations.
Decode online reviews, client testimonials, and disciplinary records from your state’s bar association.
An attorney who has a good reputation and a successful record of accomplishment is definitely your best bet to have your interests represented and to be dealt with in an aggressive manner.
3. Ignoring the Fee Structure and Costs
A medical malpractice case can get very costly due to the need of expert witnesses, medical record reviews, depositions, as well as long litigation.
If you do not agree with your lawyer’s payment plan right at the beginning, you may end up with unexpected expenses later.
The majority of malpractice attorneys share the same idea that if they earn a contingency fee, they only get paid if the case is won or settled.
Nevertheless, they may decide the rate of the money that comes from your portion. Besides, there can be extra expenses which you should take into consideration.
Before you sign the contract be sure to agree on the payment method and possible costs with the lawyer.
Will the attorney pay the initial costs and deduct them from your settlement, or do you have to pay them during the case?
If there is no information about money matters, there is a possibility of conflict later and at the same time the possibility that you will go so far with the claim as your budget will allow.
4. Not Asking About Resources and Support Staff
Medical malpractice cases generally require a thorough review of a significant number of medical records, input from expert witnesses, and detailed legal arguments. It is impossible for one person to do it all.
If you do not have sufficient resources or support, you may, in a careless manner, miss some deadlines, ignore some evidence, or come to an insufficiently prepared case.
Ask whether the attorney has a legal team, medical consultants, or paralegals who assist with cases.
Have they got people from the medical profession, who will speak on your side? If it were necessary, would they have all the facilities of a trial to take your case to court?
A well-funded law firm can manage the logistical and technical aspects of a malpractice case more efficiently. This can potentially make a significant impact in the result.
5. Choosing a Lawyer Based Solely on Advertising
It’s really easy to get carried away and end up hiring an attorney just because you saw their billboard, heard them on the radio, or found an online ad.
Some of these lawyers may be real and experienced, but you are still mistaken if you decide only based on the advertisement.
The slick marketing may not necessarily mean that the person is skilled. And you could be working with someone who is more interested in the quantity than the quality of the work done.
Instead of just relying on the ads alone, you can also schedule consultations, probe questions, and do your research.
Most of the reputable malpractice attorneys usually provide free initial consultations. Use this as an opportunity to assess how well they talk, if they listen to your concerns, and how clearly they explain your options.
If a lawyer is keen on educating and involving you in the process, that will be a good indication of how they will treat your case.
Your Legal Guide: Making The Correct Decision!
Hiring the right medical malpractice lawyer can significantly impact the outcome of your case and your ability to recover fair compensation.
Avoiding these common mistakes, like the following, will put you in a better position from the start:
- Hiring a general attorney.
- Failing to check their track record.
- Overlooking fees.
- Ignoring available resources.
- Making decisions based on ads.
Take your time, ask the right questions, and choose an attorney who specializes in medical malpractice and has the experience, resources, and commitment to fight for your rights.
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