Becoming a victim of medical malpractice can be one of the most upsetting and confusing experiences of one’s life. Dealing with medical treatments, physical and emotional pain, and adjusting to life after the incident are enough to set your mind reeling. The next step of meeting with a medical attorney can be just as confusing, so it can be helpful to know ahead of time what to expect and how your lawyer will likely handle your case.
Although many states have different laws governing medical malpractice cases, for the most part the initial process is pretty common across the board. The first steps typically involve the following:
Initial meeting and fact finding session. The very first step in filing a medical malpractice lawsuit is determining whether or not malpractice actually occurred, and if it’s possible to be proven in court. An experienced medical attorney will sit down and discuss your situation in detail to evaluate whether you have an actionable claim. This is also a good time to ask any questions or bring up any concerns you may have.
Obtaining appropriate records. Once it’s determined that you are likely a victim of medical malpractice, your attorney will want to get right to work gathering important records like medical files, charts and any other documentation that will help build your case.
Getting an expert’s opinion. Although an experienced medical attorney could be considered an expert in the field of medical malpractice law, he or she is most likely not an expert in interpreting medical records. This is why most malpractice attorneys have medical experts upon which they call to review a client’s detailed medical documentation. This is typically when a final decision is made as to whether malpractice actually occurred. This same expert may also testify on your behalf if your case goes to trial.
Estimation of the damages. Your attorney will then review all the facts in the case, including the evaluation performed by the medical expert, and determine just how much of a value can be placed on the damages you’ve suffered. He or she will consider things such as past and future medical expenses, lost wages, loss of consortium, and pain and suffering, to come to an amount that makes sense to sue for. This part is also important for the attorney since most medical lawyers are paid on a contingency basis, meaning they receive a portion of the final settlement amount. The attorney has to be sure that you will receive a reasonable recovery amount while at the same time he or she will be properly compensated for their hard work on the case.
The truth is, at any point during these initial steps it may be determined that the case isn’t worth pursuing for one reason or another, be it lack of enough evidence or the unlikelihood that it will net enough to satisfy both the client and the attorney.
Another thing to take note of is that the more prepared you are as a client, before consulting with a medical attorney, the better your chances of having a legitimate claim. It’s a good idea to begin documenting everything pertaining to your injury as soon as you suspect malpractice. The more information you have, the easier it will be for your medical lawyer to work with you and hopefully get you the compensation you deserve, and knowing what to expect before you meet with a lawyer can make the whole experience much less stressful.
