Medical Malpractice Relief
It’s not an exaggeration to say that a medical malpractice suit is impossible to win without a very competent attorney. This is the harsh reality of a situation that has likely left you injured, in pain or worse, grief stricken – and quite possibly financially decimated as well. At what might well be the lowest point in his life, the medical malpractice victim must act rationally and quickly (most states have a two year statute of limitation) to negotiate a complex maze, something that is virtually impossible without representation.
The deck is stacked against you on many fronts but this does not mean medical malpractice suits are impossible to win. It just means that if you feel that you or a loved one has been damaged by a medical professional’s negligence or misconduct, you need to consult your attorney immediately.
Despite dramatic news stories that imply the contrary, medical malpractice suits are probably the most difficult of any legal action for the victim to win. From start to finish, the patient or family who feels that they have been wronged is facing a real David and Goliath battle. There is probably no other type of lawsuit where it is so absolutely vital that an experienced medical malpractice attorney be retained from the very beginning.
Malpractice is one of the most complicated areas of law. On top of that, the plaintiff is taking on the entire medical establishment which has a vested interest in protecting its own – as well as huge insurance interests who have enormous resources to invest in making sure they pay out as few claims as possible. Despite the medical community’s constant attempts to blame the high cost of healthcare on malpractice suits, in reality less than half of one percent of all physicians will ever even be sued – and many of those doctors who do have cases filed against them will not lose.
A good medical malpractice attorney will evaluate your case and tell you upfront if your case has merit under the law. He or she is able separate your emotions and feelings of betrayal from the reality of what the legal system may be able to do for you. He should be willing to take your case on a contigency basis, only getting paid if you win – thus he is likely to be brutally honest and not take on your case if experience tells him that you don’t have a viable legal action. If he agrees that you have indeed suffered damages that were a direct result of a doctor or other provider’s negligence or misconduct, he will get to work and navigate that maze for you and with you.
An experienced lawyer will be able to obtain opinions from other doctors and experts to back up your position – something that is required before many states will even permit a case to be filed. He will be able to obtain your records and have investigators that are well versed in medical lingo and procedures look into every nook and cranny of your case. He will determine who is actually financially liable for your losses and is the appropriate party to sue – whether it is a doctor directly, a corporation that he is a part of, a hospital who employed him or perhaps inappropriately granted him privileges to practice there, an HMO, or even a medical licensing board that should have revoked a license.
Medical malpractice cases are won or lost on the details – details that a layperson could not possibly be expected to be aware of. Your attorney is your assurance that all possible technicalities will be addressed so that you have the best possible chance of receiving justice.
