If you’ve been injured by medical malpractice, you’re not alone. In 2014, there were close to 10,000 medical malpractice claims paid in the United States. Surgery errors and diagnosis errors accounted for the vast majority of those cases, according to the Journal of the American Medical Association data. So how does a patient know if they have a case that requires a medical malpractice lawyer or if they should just work out the problem with their doctor?
Before you file a lawsuit, you should be able to clearly show that your doctor was negligent in some way, and that this negligence led to your injury. This could be from an incorrect diagnosis, an inappropriate treatment, or even failing to warn you of documented risks about your treatment. You will also need to prove that there was an existing doctor-patient relationship before the incident. Being unable to show these things will likely result in your case being thrown out.
You may also be required to discuss the injury you received with your doctor so that he or she may attempt to remedy the situation. These strict requirements may be the reason why only 2.9 percent of patients who’ve been injured by medical malpractice ever file a claim. They’re also one of the most compelling reasons for working with a medical malpractice lawyer.
What a medical malpractice lawyer will do
While you could represent yourself in a medical malpractice case, your outcome will often be better if you work with a medical malpractice lawyer. There is a lot at stake when you’ve been injured through medical malpractice. A good medical malpractice lawyer will:
*Be able to investigate the incident and determine if there is fault or not;
*Have experience working with insurance companies on the patient’s behalf;
*Know who to contact for medical expert testimony that could sway the case in your favor (note that expert testimony is often required in medical malpractice cases); and
*Employ solid negotiating tactics if it comes time to settle.
Do you have a medical malpractice case?
To find out if you have a medical malpractice case that has merit, take the Injury.com Do You Have a Case? survey. The survey may help you understand the following:
1) if you have a medical malpractice case that requires legal intervention move forward
2) your next step in obtaining representation and a settlement
Your answers will also allow Injury.com to connect you with a local legal expert who specializes in medical malpractice and who can anwer your questions and make recommendations at no cost.
Need more help? Call Injury.com and we can provide you with a medical malpractice legal expert for a free consultation and advice about your situation. All Injury.com consultations are free of charge.