How A Medical Malpractice Lawyer Protects You

24 May 2021 by Jonathan Phillips

Medical malpractice may be more common than you think. All doctors are required by law to maintain insurance for medical malpractice situations. If you have been the victim of medical malpractice, then you may be entitled to make a claim against your doctor's insurance or possibly a hospital that was involved in your medical case. Due to the fact that medical malpractice issues can be complex, it may be wise to get legal help. A medical malpractice lawyer can help in three critical ways.

Case Evaluation

Making a legal claim against someone can backfire if you don't do it the right way. A medical malpractice lawyer will be able to evaluate your medical case through the lens of the law and be able to determine if the law has been broken. If there has been medical malpractice that is serious enough to warrant a request for legal restitution, your lawyer will evaluate your case based on its monetary value in a legal context. Most lawyers who deal with malpractice claims consult experts in the medical field if an issue is particularly complex and requires a medical expert to determine if malpractice has occurred.

Demand for Restitution

If malpractice has been committed, then your lawyer can take the next step to help you receive the compensation you deserve. This will usually begin with a phone call to a doctor's legal counsel or to the lawyers of a hospital to see if an agreement can be made without any legal proceedings. Your lawyer will plead your case and try and negotiate a settlement. In some situations, this may not be possible. In that case, your lawyer will prepare a demand letter for restitution. The letter will outline the legal facts and present the reasoning behind the amount requested for payment to you. This letter will usually be presented to any party that may be held responsible for the malpractice event.

Prepare a Complaint for Filing

The last resort, in most malpractice cases, is to file a lawsuit. The vast majority of legitimate cases are settled long before a lawsuit is necessary. However, if the other party is unwilling to accept fault, then your lawyer will likely have to file a complaint in the court system. In some cases, actually filing a complaint can reopen the process of mediating a settlement. This is because the insurance company involved or the parties involved will realize that you are serious about moving forward with legal action.

A good lawyer can often settle legitimate lawsuits fast. If it won't be a fast process, a lawyer can often get you financial assistance in the meantime to cover bills and medical expenses you may have due to your malpractice injuries. The sooner you get a lawyer on the case, the sooner you can find a resolution for your damages. Best of all, there will be no upfront cost for you to do this, so there's no reason not to. 

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