Do you need a medical malpractice attorney?

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By Kentent



Every year, thousands of Americans are hospitalized, injured, or die from medical malpractice. These mistakes can be small or large depending upon the circumstance. Misdiagnosis, hospital negligence, and prescription errors all contribute to medical malpractice. As the victim or as the victim's family and friends, the end results can be costly and anguishing. You do not deserve to suffer at the result of someone else's negligence. Recent statistics of medical malpractice in the United States are as follows:

  • 98,000 Americans die every year from medical errors.
  • The annual cost to the U.S. is $29 billion.
  • 195,000 American lives are lost due to preventable negligent errors.
  • 7,000 lives a year are lost to prescription errors in the U.S.
  • Hospital negligence claims an average of 80,000 lives annually.
  • One percent of all hospitalized patients in a given year will be injured while in the hospital.
  • 1,500 patients of surgical procedures will fall victim to surgical negligence every year.


Medical malpractice attorneys specialize in getting you the compensation you deserve for your injuries or loss. If something goes wrong with a medical procedure, many people think it is easy to sue their doctor for top dollar. Problem is, medical malpractice claims are not always valid with every medical injury and they do not always have a basis for a claim. Medical malpractice cases are extremely tough to win and without the proper attorney by your side you could be looking at loosing thousands of dollars. There are three main factors to consider when pursuing a medical malpractice case. First, you must establish your health care provider's liability. You have to have an expert medical malpractice testimony that states no reasonable health care provider would have done what yours did and that your health care provider's negligence causes injury or death. Once you have established liability you are then entitled to damages. Then you must know the resource of who will pay for the damages.

Medical malpractice cases can take a long time. They are risky, complicated and time consuming. Many lawyers turn down more medical malpractice cases than they actually pursue. Medical malpractice cases require extensive research so finding a lawyer who is willing and capable of handling your case is no easy process. You also need to be ready to dedicate time and research in finding the right attorney for your case.


First, you need to know your attorney's track record. Chances are they work on many types of cases, not just medical malpractice. Ask what their percentage of their cases are medical malpractice and find out how many of those cases actually go to trial. Many medical malpractice cases settle outside court and if your lawyer has a reputation for settling, the insurance companies will know that and use negotiation tactics to settle for a lower amount to avoid a lengthy and costly court appearance.

Check out your lawyer's references. Ask other lawyers what they think of your medical malpractice attorney and ask past clients what their experience was like in dealing with them.

Follow up with the national or local association of trial lawyers and make sure your attorney is actively involved. You can also ask these lawyers what their opinion is of them and how they think they would handle your case.

If your lawyer is working at a firm, check out the firm. Make sure the firm has resources to support its cases and has accessibility to proper witnesses at your case such as medical experts.

Now that you have done the research to find an attorney, you need to know what will happen from here. Again, a medical malpractice case takes a long time. It is unlikely to assume your lawyer can tell you how successful your case will be in court. Your medical records will be reviewed with experts and sent through a rigorous amount of paperwork before it will be accepted.

Some states will first try your case through meditation or arbitration. This is a process where you meet in a room in front of a panel or in a courtroom with an arbitrator. This process is considered to be a waste of time by some lawyers, where it may be a speedier, cheaper resolution for other cases. Your lawyer should know what to expect when going into your court case.

Many lawyers take medical malpractice cases on a contingency basis. This means you may not have to pay anything up front, but your lawyer will expect 30 to 50 percent of all damages you receive. Depending upon your state you may be liable for up front costs for acquiring your records and consulting with experts.

You will be asked to sign a release form giving your lawyer and experts access to your medical records. Many lawyers will have a medical consultant or professional on staff that will review your case to determine if there is enough evidence of malpractice. If they determine that there is, they will hire a specialist who can testify if the case goes to court.

Be prepared to wait. Many court cases can drag on for years, especially if it goes to trial and is appealed. Be sure to discuss your involvement with the case up front; if you would like to be informed on a daily, weekly or monthly basis of the status of your case.

Discuss with your lawyer if you are suing your regular doctor and if you should continue receiving treatment at that facility. Many times, your lawyer will advise you to seek a new doctor during this time as you do not want to cause personal negative feelings in the office. Be sure you are getting the best possible health care.

If you choose not to hire a medical malpractice attorney, you can be looking at a lifetime of medical bills as a result of medical malpractice. Negligence can occur at various stages from misdiagnosis or failure to properly treat the injury or illness and even administering the wrong medication. A doctor can even be held liable if they fail to properly inform you of the procedure or treatment. You should be aware of all risks you are taking and should be able to ask your doctor numerous questions and expect professional answers.

A lawyer helps by documenting that a doctor was negligent. You don't have a case if you cannot prove a doctor was negligent in worsening your condition or causing your injury in the beginning.


A lawyer also plays a critical role in establishing the amount of damages you receive. The amount of damages you receive depend upon how the injury affects your earning potential and quality of life. If you are a basketball player or concert pianist, you would obviously get more money in damages for an injured finger than you would if you were an avid couch potato! Your medical malpractice lawyer will take a good look at all the witnesses, the medical circumstances, and your situation and determine a potential damage awards amount.

Many lawyers will not take on your case as they have to invest a lot of money into your case to begin with. Medical experts, research, and other factors all require money to start with. Most lawyers will invest between 30 to 100 thousand dollars of their own money before your case even goes to trial. Because medical malpractice cases are expensive and lengthy, attorneys choose their cases carefully. Don't be surprised if your case is turned down initially. If you go around to a few different lawyers and it is rejected by all of them, you probably don't have a good case.

There are various types of medical malpractice cases and without the proper knowledge; you may not get the compensation you deserve. If you are a victim of medical malpractice, your trust in your doctor is broken. If you do not choose to have a medical malpractice lawyer on your side, you could be up against a doctor or hospital with the upper hand because they have control over your medical records, significant resources, and superior medical experts.

Without a medical malpractice lawyer, you can also end up dealing with your doctor's insurance company and lawyers. This is a direct blow to you since their goal is to pay you as little as possible, regardless of your injuries or the merits of your claim.

Each year thousands of injuries occur in the United States as a result of medical malpractice. If you are a victim of medical malpractice and you think you have a valid claim, talk to a lawyer immediately. Having a well-educated medical malpractice attorney on your side will pay off in the long run. As you are now aware, medical malpractice cases take time, money, and experience. Take the time to do research on the best medical malpractice attorney that will help you win your case. Don't try taking on the doctor and hospital alone, you need someone with experience and knowledge on your side fighting to get you the compensation you deserve.



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