Doctors and healthcare providers have a duty of care towards their patients. When they are negligent in these duties and it leads to an injury, it is known as medical malpractice. If you have suffered an injury due to medical malpractice, you may wonder what you should consider before choosing a medical practice lawyer. This guide will go over some of the things you should consider.
Reputation
When choosing any lawyer at all, their reputation should precede them. The best medical malpractice attorneys in Dayton, Ohio, often have a barrage of successful cases under their belt. These cases are public and you can find reviews to corroborate their claims.
Check client reviews online and speak to those who have had personal experience with the lawyer to get a first-hand account. There are a few questions you can ask as well to ensure that the lawyer will meet your needs. Find out how they handled cases in the past and how they intend to handle yours.
Cost
Legal fees can be costly and can even be worse in unplanned cases, such as medical practice cases. This is why most medical malpractice lawyers do not charge any upfront fees to their clients. They often prefer to use a contingency payment, which allows the client to pay later when the case is successful in court.
Location
The law is not universal, especially when it comes to cases of medical malpractice. The law governing this differs by state. So you need to find a lawyer who is versed in the law of the state where the malpractice happened.
First, the lawyer will need to establish some facts.
- Was there a doctor-patient relationship?
- Was there negligence on the part of the medical professionals?
- Was there an injury caused by this negligence?
- Has this injury led to damages?
Then, they would apply the law of the particular state to the fact that they have established from your case.
What happens after initiating a case in court
The process after initiating the case in court may take longer than you’d expect. In most cases, negotiations and demand letters are sent to insurance companies and the hospital involved to see if the case can be settled out of court. Most insurance companies and hospitals would decline, especially if they believe they can prove there was no negligence on their part.
All of these processes will take time and when it finally goes to trial, there will be a few more delays. If your injury is prominent, it may be wise to save money to care for yourself until the case is concluded.
Document as much evidence as you can after the injury to give your lawyer enough to work with. So many things constitute medical malpractice, and you may not even know. It is not restricted to just improper treatment but also to medical abuse, sexual abuse, surgical errors, birth, injuries, and failure to diagnose.
A good medical malpractice lawyer will examine your case and determine if you have enough to pursue a trial in court.
