Top Salem, MA Medical Malpractice Lawyers Near You

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Salem Medical Malpractice Information

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Find a Salem Medical Malpractice Attorney in your area

Do You Have a Medical Malpractice Case?

Hospitas, doctors, and other medical staff are supposed to help patients, not injure them. Unfortuantely, when something a healthcare professional does or does not do causes a patient to be injured, he or she likely has committed medical malpractice and you may have a case.

Common Medical Malpractice Cases

Medical malpractice cases come in many forms. Some common types of medical malpractice cases include failure to diagnose medical conditions or misdiagnosis, surgical errors, anesthesia negligence, birth injuries and hospital negligence.

If you or a loved one was injured due to the fault of a medical professional, now is the time to act. Not only could you be entitled to compensation, but you could also hold the care providers responsible for their negligence. Speaking with an experienced Salem medical malpractice attorney can help you determine if you have a case by reviewing your medical records and, if needed, he or she will hire a medical expert to get the additional evidence needed to evaluate your claim.

What qualifies as medical malpractice?

A doctor, nurse, or any other health care worker’s job is extremely stressful, and mistakes do happen. This makes medical malpractice hard to prove. You will need to prove that the liable party’s standard of care they provided was outside the bounds of reasonable care, and that poor care led to your injuries. Successful medical malpractice cases often rely on the testimony of other expert doctors to prove that malpractice occurred.

How much is the average medical malpractice settlement?

The average medical malpractice settlement is someone in the range of $300,000-$400,000, but it’s important to remember that every case is unique. The extent of your injuries and financial losses and whether your lawyer can build a compelling case will have a large effect on the amount of compensation that you might receive.

When should I get a lawyer for medical malpractice?

If you suspect that you or a loved one was the victim of medical malpractice, you should consult with an attorney as soon as possible. Even if the hospital is offering you a quick settlement, you should have your own attorney review it to make sure you are not giving away any rights. An attorney could also determine whether you have a case for more compensation.

Top Questions to Ask When Hiring an Attorney

  • How many years have you been practicing law? How long have you practiced law in the local area?
  • How many cases similar to mine have you handled in the past?
  • What is the likely outcome for my case?

In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.

What to Expect from an Initial Consultation

  • Seek to determine whether the attorney can represent you. There is no one-size-fits-all legal solution and it may turn out your needs are better served by an attorney in a different specialization.
  • It’s important to find a legal ally who is both competent in the law and someone you can trust to protect your interests.
  • Discuss how the practice’s billing works and discuss possible additional charges or fees that may arise during or after the resolution of your case.

An attorney consultation should provide you with enough information so that you can make an informed decision on whether to proceed with legal help.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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