Medical error is the third leading cause of death in the United States, and tens of thousands of patients die each year because of preventable mistakes.
Medical malpractice involves medical errors that happen because of negligence on the part of the physician, surgeon, or medical staff. In medical malpractice cases, the health care provider(s) or hospital fails to ensure the standard of care during a procedure, resulting in injury to the patient and, in some cases, death.
Malpractice cases are notoriously complex, so if you are dealing with one, you will need to be highly selective about the attorney you choose to work with. You want your case in the hands of an experienced attorney who is not only knowledgeable about your specific medical injury (e.g., birth injury, surgical errors, etc.), but also someone with the ability to juggle the legal complexities with what usually become emotionally charged situations.
As you conduct your search for an attorney, here are a few questions to think about.
What is your experience with medical malpractice cases?
Medical malpractice cases are as varied as the many types of different medical injuries that exist. For example, there is a huge difference between handling a birth injury case and one involving negligence during surgery. Your attorney should have experience handling cases for the specific medical injury for which you are pursuing damages.
What is your courtroom experience?
If the defendant won’t pay compensation in a pretrial settlement, your case could go to trial. Given that, your attorney needs to have a solid track record of courtroom success, which requires some different skills from settlement cases. Not having an experienced trial lawyer could seriously hinder a successful outcome.
Is there a time limit for my case?
Most states have a statute of limitations for medical malpractice cases. The statute of limitations is complicated and it is very important you speak with an experienced lawyer as soon as possible. It can take some time to investigate and get the relevant documents, witness statements, etc. It can be a lengthy process, but be aware that there is a time limit for filing.
What other cases have you handled?
For a reputable attorney or firm, the answer to this question is usually readily available online. While lawyers cannot always give away all the details of their cases and results, they can share the subject matter of a settlement and in many cases, the amount won either via settlement or trial.
How long will a resolution take? No lawyer can give you a definite timeframe because medical malpractice cases are very unpredictable. An experienced lawyer who is familiar with your type of case will, however, be able to give you a general timeframe based on the details of your specific case. Be wary of any attorney that promises a highly specific length of time for your case.
The right attorney can get you the maximum amount of compensation you deserve. Ted Babbitt is an award-winning attorney and a top West Palm Beach personal injury lawyer. Having served the entire state of Florida and parts of the U.S., he has a proven track record that spans five decades. You can be sure your case is in the best possible hands!
Call Ted today at (561) 375-2841 or fill out the online form to schedule a free, confidential consultation to discuss your case and see how he can help you.