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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 Trinidad 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.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

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

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

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