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 Kitty Hawk 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.
Tips on Approaching an Initial Attorney Consultation
- Use the consultation as a means of gaining a better understanding of your legal situation.
- Ask the attorney how many cases similar to yours he/she has handled. An attorney’s experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
- Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
- Determine how comfortable you are working with the lawyer and/or law firm.
How to Find the Right Attorney
- Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
- Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
- Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.
Common legal terms explained
Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.
Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.